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2019 12 04 Staff Report
NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, December 4, 2019 at 5:30 PM. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: November 26, 2019. Manuel Lozano Mayor AFFIDAVIT OF POSTING I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of December 4, 2019. Lourdes Morales, Chief Deputy City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING Please note time and DECEMBER 4, 2019 o�at�on 5:30 PM CITY HALL - 31 Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 H U B O F .... SAN�,CaAE KIEL "o 'V.. E ' Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tem Alejandra Avila - Council Member Paul C. Hernandez - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FA VOR DE APA GAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, para agenda, but only on any matter posted on this hablar solamente sobre asunto publicado en esta agenda. If you wish to address the City Council or agenda. Si usted desea la oportunidad de dirigirse al any of its Agencies, you may do so during the Concilio o alguna de sus Agencias, podra hacerlo PUBLIC COMMUNICATIONS period noted on durante el periodo de Comentarios del Publico the agenda. Each person is allowed three (3) (Public Communications) anunciado en la agenda. A minutes speaking time. A Spanish-speaking cada persona se le permite hablar por tres (3) minutos. interpreter is available for your convenience. Hay un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera e/ limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances rcumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. (Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista alg6na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] OPEN SESSION/STUDY SESSION • Hollywood Housing Presentation Presented by Director of Community Development Ben Martinez • Public Art Presentation Presented by Director of Public Works Sam Gutierrez RECESS TO CLOSED SESSION 1. Public Employee Pursuant to Government Code §54957: Position: Pubic Works Manager 2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: Agency Designated Representative: Rebecca T. Green, Richards Watson Gershon, Shannon Yauchzee, Chief Executive Officer, and Laura Thomas, Human Resources/Risk Manager Employee Organizations: Baldwin Park City Employees Association (CEA) Baldwin Park Classified Confidential Employees Association (CCEA) Baldwin Park Classified Management Employees Association (CMEA) Baldwin Park Police Management Employees Association (PMEA) Baldwin Park Police Association (POA) Service Employee International Union (SEIU) 3. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: City of Baldwin Park v. City of Irwindale Case No. BS163400 4. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of November 26, 2019. /11 Or cC ordes Morales Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2" d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960- 4011 ext. 466 ore -mail lmoralesl5baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) BALDWIN PARK CITY COUNCIL REGULAR MEETING DECEMBER 4, 2019 00 PIM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 VALLEY t),1,� .. a Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tem Alejandra Avila - Council Member Paul C. Hernandez - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. o a Council ,re-tn terp to �i wnitt?, ;,,, c.)f. s. . wF 4, 4.fP 44 • C�t�.:.PZ r'(.T n agenda ,t Carta .i.f <a,), t�'F.'+.. eni session, .`t;' ul ar• n e ttig of 4c ..,:: Ci Ct.,.0 ci a` th,-fit is da.t. bao4a`��.� to the Cit C£.'L,, i,..tr °C?.is flh ae, 72 hours, p, tE„ft to a. taC .<,eet,a ln.fi lv`+.e be <,ti aSa., t, le for pwbfic i .";..`;rte”€.d°..,. ?.f aC € t t'lah. in the Ci(y `S.. fr'%.rk' office f.. a '14403 E, Pacific tit t, ���ae, fir,., f $f..tf . .;:��4;ing ,,iorfi a t: ai.; �..xlTes�G, «;.. c. �.�t`S (Monday CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tem Monica Garcia and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Introduction of Newly Appointed Chief of Police Steven McLean • Voting Solutions for All Presentation by Chief Deputy City Clerk Lulu Morales PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. (Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas porpersonas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. (Codigo de Gobierno §54954.21 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Treasurer's Report — October 2019 Staff recommends that Council receive and file the Treasurer's Report for October 2019. City Council Agenda Page 2 3. Claim Rejection Staff recommends that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): Liao, Ray Claimant alleges damage to his business due to flooding. 4. Approve Budget Transfer from Gas Tax to Reconcile Grants Fund Expenditures Related to Design Services for the Maine Avenue Complete Streets Project It is Staff's recommendation that the City Council: 1. Approve the budget transfer from Gas Tax Fund 240 to the City's Grant Fund 270 in the amount $284,199.24 to cover design related expenditures that were inadvertently charged to the Grants Fund during FY14-15; and 2. Authorize the Director of Finance to make the necessary transfers. 5. Approval of Contract Renewal for Tyler Technologies' EnerGov Platform to Provide Implementation and Subscription Services for Permitting and Plan Check Computer Software Solutions for Business License, Planning, Building, Public Works and Code Enforcement It is recommended that the City Council approve the proposed contract renewal for Tyler Technologies, Inc., setting new pricing and extending the existing contract for an additional three (3) years and authorize the Mayor to execute the contract extension for the implementation and software subscription services for the Tyler EnerGov Platform. 6. Approval of Purchase of Decorative Streetlight and Traffic Signal Poles to be Installed along Ramona Boulevard within the Downtown Area Between La Rica Avenue and Bogart Avenue It is Staff's recommendation that the City Council: 1. Authorize the expenditure and approve the purchase of decorative streetlight and traffic signal poles in the amount not to exceed $838,087.73; and 2. Authorize the Director of Public Works to proceed with the development and submittal of a purchase order and begin the process to move forward with the manufacture and delivery of the decorative streetlight and traffic signal poles. 7. Accept and Authorize the Filing of a Notice of Completion for City Project No. 2018- 0273, CIP No. 19-113 — Walnut Creek Nature Park Improvements, Phase III It is recommended that the City Council: 1. Accept the construction improvements by CEM Construction Corp. and authorize the recordation of a Notice of Completion; and 2. Authorize Staff to release retention funds to CEM Construction Corp. upon the expiration of the 35 -day notice period; and 3. Authorize the Finance Director to appropriate $33,294.19 from Quimby Fund 234. City Council Agenda Page 3 8. Approval of a Design -Build Contract with Outdoor Dimensions LLC for Design - Build Services for Upgrades to the Existing Park Signs at Morgan Park and the Baldwin Park Teen Center It is recommended that the City Council: 1. Authorize the Mayor and City Clerk to execute a Design -Build Agreement with Outdoor Dimensions LLC to complete the design, fabrication and installation of the signs, including new electrical video board displays in the amount of $230,000; and 2. Authorize the Director of Finance to make appropriations in the amount of $100,000 from Fund 200 (Future Development Fund) to Acct.# 200-60-620-58100-16212 and $70,000 from Fund 234 Park Fees (Quimby Fees) to Acct.# 234-60-620-58100-16212. 9. Approval of Employment Agreement with Steven McLean for the Positon of Chief of Police It is recommended that the City Council approve the Agreement with Steven McLean for the position of Police Chief and direct the Mayor and City Clerk to execute it. 10.Approve Ratification of an Employment Agreement with Carol Averell, Housing Manager Staff recommends that the City Council ratify the employment agreement with Carol Averell, for employment as the Housing Manager, and authorize its execution by the Mayor. 11.Approve a Resolution Revising the Comprehensive City of Baldwin Park Pay Schedule to Comply with the State Minimum Wage Increase, And to Reflect Salary Adjustments for All Part -Time Positions, Effective January 1, 2020 and January 1, 2021 Staff recommends that the City Council approve, ratify and adopt: 1. Resolution No. 2019-053 to amend the comprehensive City of Baldwin Park Pay Schedule that would place incumbents who are currently below minimum wage on the appropriate step in accordance with the State's minimum wage requirement, and place part-time employees in the next highest salary step for their position in the new schedule which provides an increase, effective January 2021, and approve compliance with the California minimum wage increase schedule to be effective January 1, 2021; and 2. Authorize the Finance Director to complete budget amendments and appropriations and make any necessary adjustments. 12. Waive Formal Bid Procedure for CIP 20-156 & 20-173 Replacement of Vinyl Floor, Carpet Tiles and Wall Carpet at the Esther Snyder Community Center Staff recommends that the City Council: 1. Waive formal bid procedures per the City's Purchasing Ordinance No. 1101 and Baldwin Park Municipal Code Chapter 34 section 37 (A); and 2. Authorize Mayor to Execute the Contract with Shaw Integrated Solutions; and 3.Authorize the Director of Finance to appropriate $2,828 of Quimby funds to cover the additional cost. City Council Agenda Page 4 13. Second Reading of Ordinance No. 1445, Entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Authorizing the City of Baldwin Park to Enter into a Development Agreement with Ala Karte Group, LCC for the Cultivation and/or Manufacturing of Cannabis at the Real Property Located at 14550, 15442, and 15444 (APN 8413-001-030) within the City of Baldwin Park" Staff recommends that the City Council waive reading and adopt Ordinance No. 1445, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ALA KARTE GROUP, LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 15440, 15442, and 15444 (APN 8413-001-030) WITHIN THE CITY OF BALDWIN PARK". 14. Second Reading of Ordinance No. 1447, Entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Adding Chapter XI, Section 129 to the Baldwin Park Municipal Code, Imposing a Moratorium Prohibiting Certain Residential Units from Rent Increases in Excess of Three (3%) above the Current Rent and Prohibiting More than One Rent Increase in any Twelve Month Period, and Regulating the Reasons Landlords are Permitted to Terminate Certain Residential Tenancies as of the Effective Date of this Ordinance on Residential Rental Units Located within City Limits" Staff recommends that the City Council waive reading and adopt Ordinance No. 1447, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 11, SECTION 129 TO THE BALDWIN PARK MUNICIPAL CODE, IMPOSING A MORATORIUM PROHIBITING CERTAIN RESIDENTIAL UNITS FROM RENT INCREASES IN EXCESS OF THREE PERCENT (3%) ABOVE THE CURRENT RENT AND PROHIBITING MORE THAN ONE RENT INCREASE IN ANY TWELVE MONTH PERIOD, AND REGULATING THE REASONS LANDLORDS ARE PERMITTED TO TERMINATE CERTAIN RESIDENTIAL TENANCIES AS OF THE EFFECTIVE DATE OF THIS ORDINANCE ON RESIDENTIAL RENTAL UNITS LOCATED WITHIN CITY LIMITS". CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — October 2019 Staff recommends that the Board receive and file the Treasurer's Report for October 2019. REPORTS OF OFFICERS 15. Review of Commission Applications and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning, and Recreation Commissions Staff recommends that the City Council review all commission applications and make respective appointments. City Council Agenda Page 5 16.Approve and Adopt Resolution No. 2019-056 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City"; and Review and Appoint Members to the San Gabriel Valley Mosquito & Vector Control District, as Appropriate Staff recommends that the City Council rescind Resolution 2019-015 and complete the review and appointment of delegate and alternate to the San Gabriel Valley Mosquito & Vector control District in Resolution No. 2019-056, entitled: "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City". CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS None Listed ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 26th day of November, 2019. ma"A Lourdes Morales, Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at Imorales@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 6 ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of FinanceiLV4rVATE: December 4, 2019 SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $656,803.56 and the attached General Warrants Register was $406,932.18 for a total amount of $1,063,735.74. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payroll of the City of Baldwin Park consists of check numbers 200604 to 200638. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 17737 to 18097 for the period of November 3, 2019 through November 16, 2019, inclusive; these are presented and hereby ratified in the amount of $ $656,803.56. 2. General Warrants, with the checks from 226746 to 226903 in the amount of $406,932.18 for the period of November 13, 2019 to November 21, 2019, inclusive; in the total amount of $406,932.18 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. 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N""" " t"D " t0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N d N NNNNNNNNNNN N .... N ..................... N .... ITEM NO. d -- TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: December 4, 2019 SUBJECT: Treasurer's Report — October 2019 SUMMARY Attached is the Treasurer's Report for the month of October 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for October 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Attachment 1 Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 10/31/2019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 2.19% Varies Varies Housing Authority 2.19% Varies Varies Certificate of Deooslt $ 29,992,507.97 $ 29,992,507.97 $ 29,992,607.97 Citibank National Association (Mutual Securities) 2.65% 1/25/2019 1/25/2021 Goldman Sachs Bk USA NY (Mutual Securities) 2.26% 1/24/2018 1/24/2020 Sallie Mae Bk SLT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/24/2020 Morgan Stanley Bank N A Utah (Cantella) 2.64% 4/19/2018 4/20/2020 Barclays Bank Del (Cantella) 3.05% 12119/2018 12121/2020 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund; Varies Varies Varies $ 29,992,607.97 $ 29,992,507.97 $ 29,992,507.97 $ 29,992,607.97 13,827.25 13,827.26 13,827.25 13,827.26 30,006,335.22 30,006,336.22 30,006,335.22 30,006,335.22 250,000.00 250,000.00 260,000.00 252,795.00 260,000.00 260,000.00 260,000.00 260,347.50 250,000.00 260,000.00 250,000.00 250,347.50 250,000.00 250,000.00 250,000.00 261,250.00 260,000.00 250,000.00 260,000.00 263,770.00 1,250,000.00 1,250,000.00 1,260,000.00 1,268,510.00 7,220,766.67 7,220,766.67 7,220,766.67 7,220,766.67 20,457.64 20,467.64 20,457.54 20,467.54 7,241,224.21 7,241,224.21 7,241,224.21 7,241,224.21 $ 38,497,569.43 $ 38,606,089.43 38,497,559.43 $ 38,497,569.43 $ Total Investments $ 38,497,669.43 Cash with Bank of the West City Checking 2,717,713.61 Money Market Plus 133,174.39 City Miscellaneous Cash 204,878.75 Successor Agency 594,780.61 Housing Authority 214,472.92 Financing Authority 11,700.00 Investment Brokerage 3,385.96 Total Cash with Bank of the West 3,870,106.15 Total Cash and Investments $42,367,686.68 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. • There was no investment maturity/purchase transactions made for the month of October 2019 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are In compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance SUMMARY This report seeks City Council consideration and direction to reject the Claims for Damages to person or property received for filing against the City of Baldwin Park. RECOMMENDATION Staff recommends that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): Liao, Ray Claimant alleges damage to his business due to flooding. This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers. FISCAL IMPACT Fiscal impact is unknown at this time. BACKGROUND In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action. ALTERNATIVES There are no other alternatives for the Council to consider since rejection of the claims is necessary for the Statute of Limitations to begin on the claims received. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. STAFF REPORT ITEM NO. H TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Financeo� Sam Gutierrez, Director of Public WorksF--, DATE: December 4, 2019 SUBJECT: Approve Budget Transfer from Gas Tax to Reconcile Grants Fund Expenditures Related to Design Services for the Maine Avenue Complete Streets Project SUMMARY This item will approve a transfer of Gas Tax in the amount of $284,199.24 to cover expenditures inadvertently charged to the Grants Fund during FY14-15 for design services associated with the Maine Avenue Complete Streets Project. RECOMMENDATION It is Staffs recommendation that the City Council: 1. Approve the budget transfer from Gas Tax Fund 240 to the City's Grants Fund 270 in the amount $284,199.24 to cover design related expenditures that were inadvertently charged to the Grants Fund during FY14-15; and 2. Authorize the Director of Finance to make the necessary transfers. FISCAL IMPACT There is no impact to the General Fund. The transfer will be made from the Gas Tax Fund. BACKGROUND On April 17, 2013, the City Council awarded a design contract for the Maine Avenue Complete Streets Project to Stantec Consulting Services and on December 3, 2014, the contract was amended to include additional scope covered under the ATP Grant. Included in Stantec's expanded design scope, were Complete Street elements such as a roundabout feature at the intersection of Olive Street, a hydraulic study, mapping, and required supporting documents to obtain Los Angeles County Flood Control permits. Stantec completed the design work and delivered bid -ready plans and specifications to the City in late 2016. Total costs for these services were intended to be funded with Prop C funds but were inadvertently expended and charged under the City's Grants Fund. Approval of this report will reconcile this expenditure. DISCUSSION All work required of the first phase of the project was completed as of November 23, 2018. On March 6, 2019 the City Council accepted and approve the filling of a Notice of Completion that was recorded with the Los Angeles County Recorder's Office. The second phase of the project is currently out for bid. While preparing the project for closure, Staff discovered a discrepancy related to expenditures to the original design costs. Some of these costs were attributed to the ATP Grant, which otherwise would not be allowable. In an effort to reconcile these expenditures, Staff requested that they be retroactively applied to Prop C. However, during this year's audit, the City learned that this action is not allowed. Staff is requesting that the expenditure adjustments be covered by the Gas Tax Fund. Approval of this action will allow the Director of Finance to make the appropriate transfer. ALTERNATIVES 1. The City Council may choose not to authorize the transfer. This action is not recommended as it will result in an audit finding. 2. Provide Staff with alternate direction. ENVIRONMENTAL REVIEW None Required LEGAL REVIEW None Required ATTACHMENTS None STAFF REPORT ITEM NO. 5 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: December 4, 2019 SUBJECT: Approval of Contract Renewal for Tyler Technologies' EnerGov Platform to Provide Implementation and Subscription Services for Permitting and Plan Check Computer Software Solutions for Business License, Planning, Building, Public Works and Code Enforcement SUMMARY This report seeks City Council consideration for approval of an Amendment for renewal of the existing contract with Tyler Technologies, Inc. for implementation and software as a service (SaaS) subscription services for the EnerGov Permitting and Plan Check Platform. The renewal sets new pricing for the services and includes a three-year contract extension. The system will provide Business License, Planning, Building, Public Works and Code Enforcement with the capability of an all -electronic permit and plan check workflow processes. RECOMMENDATION It is recommended that the City Council approve the proposed contract renewal for Tyler Technologies, Inc., setting new pricing and extending the existing contract for an additional three (3) years and authorize the Mayor to execute the contract extension for the implementation and software subscription services for the Tyler EnerGov platform. FISCAL IMPACT The followinq table lists approved funds for the services which is listed in FY 2019-20 #CIP20-7. INCIP=20-7 General Plan Fees — Acct. #235-40-440-58105-00000 $108,593.00 Total Approved Funds $108,593.00 Implementation $37,079.30 Annual SaaS Subscri tion Cost: 7/1/20-6/30/21 EnerGov SaaS: $22,106 / EnerGov Report Dev Services: $578.81 $22,684.81 7/1/21-6/30/22 EnerGov SaaS: $23,211 / EnerGov Report Dev Services: $607.75 $23,818.75 7/1/22-6/30/23 EnerGov SaaS: $24,372 / EnerGov Report Dev Services: $638.14 $25,010.14 Total 3 -year Cost 1 $108,593.00 BACKGROUND Current systems utilized by the various Divisions range between Excel spreadsheets and paper files (Planning and Public Works), HdL (Business License and Building) and Accela (Code Enforcement). None of the various existing systems are compatible with each other and integrating the systems is not feasible. In a desire to streamline and integrate the various divisions processes and funcitons the City decided to look into implementing a computer-based system that would be compatible with the various division's workflows. On October 15, 2015, Staff circulated a Request for Proposals (RFP) for electronic -based permit and plan check tracking and streamlining systems. A total of 14 proposals were received and City Staff evaluated and ranked on a variety of criteria such as system functionality, conceptual planning and implementation, overall cost, support and maintenance and firm qualifications. Upon review and evaluations, Staff decided to interview the top four (4) firms. On June 20, 2016 the City Council approved a contract with Tyler Technologies to implement their EnerGov software services platform. This system is designed precisely to address the challenges of the paper-based and other traditional systems and integrate the various City functions performed by the divisions under one comprehensive and unifying platform. DUSCUSSION The core purpose of the system is to enhance customer service, increase transparency, ensure accountability, reduce permit processing time, decrease unnecessary and redundant staff workloads, provide consolidated reporting, permit and plan check tracking across departments and divisions, and increase data security. During the course of the past three years, Staff has been working closely with Tyler Technologies on the implementation of the system. The challenges involved in moving paper-based processes and older software programs to an all-new system have tedious and arduous. Despite these challenges, the team has been able to make significant strides over the last year. The system is expected to be be ready for testing by March 2020. Once testing is completed, a soft systems launch will be initiated. Although the existing contract auto -renews on a yearly -basis, staff felt that the pricing structure of the contract needed to be reviewed. The language related to the SasS rates was ambiguous and led to confusion when processing payment. Approval of this action will allow the City to establish new pricing and renegotiated subscription rates that are aligned with the intent of the original contract. Currently, the cost for the subscription services is $91,536.90 yearly not including product discounts. The proposed cost for the subscription services, per the renewal contract, will be locked -in for FYs 2020- 21, 2021-22 and 2022-23 at $22,684.81, $23,818.75 and $25,010.14 respectively. This price reduction was achieved by further negotiating a 36 percent discount and eliminating various software extensions included in the original contract that are considered unnecessary for the implementation of the system. The extensions provide capabilities such as online submittals, e -reviews and decision engines which are not pre -requisites for the core functions of the system. These additional capabilities can be re- visited and added at any time in the future. ENVIRONMENTAL REVIEW None required ALTERNATIVES 1. The City Council may choose not to approve the contract amendment for renewal with Tyler Technologies and direct staff to continue with the auto -renew provision of the existing contract. This option will delay the overall project schedule and cost significantly more while not providing significant benefit. 2. Provide Staff with alternate direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Contract Amendment for Renewal 2. Original contract for Tyler Technologies Attachment 1 Contract Amendment for Renewal ! er AMENDMENT This amendment (rmmendmene) is effective as of the date of signature of the Last party to sign as indicated below (rmmendment Effective Daterb by and between Tyler Technologies, Im with Off M at One Tyler Drive, Yamwuth, Maine 04096 ('g'fyW) and Baldwin Pads, California, with ofRees at 14403 East Pacific Avenue, BaMwin Pad, California 91706 rCgent"). WHEREAS, Tyler and the Client are parties to an agreement dated lune 29, 2016 (rAgreenme); and WHEREAS, Tyler and Cheat desire to amend the terms of the Agreement as provided herein to chilly, certain EnerGov Fees for the time periods defined herein; NOW THEREFORE, In consideration of the mutual promises hereinafter contained, Tyler and the Client SSW as follows: L As of July 1, 2019, the following EnerGov, SaaS (hereafter, the "SaaS Extenslorne) are hereby removed from the Agreement a. EnerGonr Citizen Access Web Portal (PLM) b. Energov eRmlews c. Energm Citizen Access Web Portal (LRM) d. EnerGov, Decleion Engine As of such date, Cheat's right to access or use such EnerGov, SaaS Extenslons Is terminated, as are Tyler's obligations to host, support, maintain, and update such SaaS. 2. The parties agree that the EnerGov annual fees shall be as follows for the time periodspeclFied: Time Period Fee Type & Anrorant 7/1/20-6/30/21 EnerGov, Saab: $22,106 / EnerGov, Report Dev Services: $578.81 7/1/21-6/30/22 EnerGov SaaS: $23,211 / EnerGov Report Dev Services: $607.75 7/1/22-6/30/23 EnerGov SaaS: $24,372 / EnerGov, Report Dev Services: $63&14 Thereafter, consistent with Section H(L1) and Exhibit B, Section 2.1 of the Agreement, your flees for EnerGov, SaaS and Report Development Services will be at our then -current rates, with harries using the prior year's flees as the basis. 3. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement. 4. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement shall remain in full florae and effect. IN WITNESS WHEREOF, the parties hereto have emohted this Amendment as of the dates'set forth below. Tyler Technologles, Inc. Name: Andrea Fravert Title. Director of Legal Affairs Baldwin Pads, California Name: Title: Date- 11rM19 Date: Attachment 2 Original Contract for Tyler Technologies •.**:�•. t ler . Y • technologies LICENSE AND SERVICES AGREEMENT This License and Services Agreement is made between Tyler Technologies, Inc. and Client. WHEREAS, Client selected Tyler to license and/or provide the software products and perform the services set forth in the Investment Summaries and Tyler desires to perform such actions under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows: SECTION A — DEFINITIONS • "Agreement" means this License and Services Agreement, including the Exhibits thereto. "Business Travel Policy" means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. "Client" means City of Baldwin Park, CA. • "Data Storage Capacity" means the contracted amount of storage capacity for your Data identified in the EnerGov Investment Summary, which in all events shall not exceed 200 gigs of Data at any time. • "Defect" means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then -current Documentation. • "Defined Concurrent Users" means the number of concurrent users that are authorized to use the SaaS Services, as set forth in the EnerGov Investment Summary. • "Developer" means a third party who owns the intellectual property rights to Third Party Software. • "Documentation" means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • "Effective Date" means the date on which your authorized representative signs the Agreement. • "EnerGov Investment Summary" means the agreed upon cost proposal for the software, products, and services attached as Schedule 1 to Exhibit A. • "EnerGov Software" means our proprietary software, Including any integrations, custom modifications, and/or other related interfaces identified in the EnerGov Investment Summary and licensed by us to you through this Agreement. • "EnerGov Statement of Work" means the implementation plan describing how our professional services will be provided to implement the EnerGov Software, and outlining your and our roles and responsibilities in connection with that implementation. The EnerGov Statement of Work is attached as Schedule 1 to Exhibit E. • "Force Majeure" means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • "Incode Investment Summary" means the agreed upon cost proposal for the software, products, and services attached as Schedule 2 to Exhibit A. • "Incode Software" means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Incode Investment Summary and licensed by us to you through this Agreement. • "Incode Statement of Work" means the implementation plan describing how our professional services will be provided to implement the Incode Software, and outlining your and our roles and responsibilities in connection with that implementation. The Incode Statement of Work is attached as Schedule 2 to Exhibit E. • "Investment Summary(ies)" means the EnerGov investment Summary and the Incode Investment Summary attached as Exhibit A. • "Invoicing and Payment Policy" means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. • "Maintenance and Support Agreemerrt" means the terms and conditions governing the provision of maintenance and support services to all of our customers. A copy of our current Maintenance and Support Agreement is attached as Exhibit C. • "SaaS Fees" means the fees for the SaaS Services identified in the EnerGov Investment Summary. • "SaaS Services" means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the EnerGov Software, and includes the right to access and use the EnerGov Software, receive maintenance and support on the EnerGov Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting, or other professional services. • "Service Level Agreement" or "SLA" means the service level agreement for the EnerGov Software, attached hereto as Exhibit D. • "Statement(s) of Work" means the EnerGov Statement of Work and the Incode Statement of Work. • "Support Call Process" means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as 5gheoule 1 to Exhibit C. + "Third Party Terms" means, if any, the end user license agreement(s) or similar terms for the Third Party Software, as applicable and attached as Exhibit F. • "Third Party Hardware" means the third party hardware, if any, identified in the Investment Summary. • "Third Party Products" means the Third Party Software and Third Party Hardware. + "Third Party Software" means the third party software, if any, identified in the Investment Summary. • "Tyler" means Tyler Technologies, Inc., a Delaware corporation. + "Tyler Software" means the EnerGov Software and the Incode Software. • "we", "us", "our" and similar terms mean Tyler. • "you" and similar terms mean Client. SECTION B — INCODE SOFTWARE LICENSE 1. License Grant and Restrictions. 1.1 We grant to you a license to use the Incode Software for your internal business purposes only, in the scope of the internal business purposes disclosed to us as of the Effective Date. You may make copies of the Incode Software for backup and testing purposes, so long as such copies are not used in production and the testing is for internal use only. Your rights to use the Incode Software are perpetual but may be revoked if you do not comply with the terms of this Agreement. 1.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 1.3 You may not: (a) transfer or assign the Incode Software to a third party; (b) reverse engineer, decompile, or disassemble the Incode Software; (c) rent, lease, lend, or provide commercial hosting services with the Incode Software; or (d) publish or otherwise disclose the Incode Software or Documentation to third parties. 1.4 The license terms in this Agreement apply to updates and enhancements we may provide to you or make available to you through your Maintenance and Support Agreement. 1.5 The right to transfer the Incode Software to a replacement hardware system is included in your license. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance from us associated with such transfer. 1.6 We reserve all rights not expressly granted to you in this Agreement. The Incode Software and Documentation are protected by copyright and other intellectual property laws and treaties. We own the title, copyright, and other intellectual property rights In the Incode Software and the Documentation. The Incode Software is licensed, not sold. 2. License Fees. You agree to pay us the license fees in the amounts set forth in the Incode Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. Escrow. We maintain an escrow agreement with a third party under which we place the source code for each major release of the Tyler Software. You may be added as a beneficiary to the escrow agreement by completing a standard beneficiary enrollment form and paying the annual beneficiary fee, all of which will be provided to you upon your written request. You will be responsible for maintaining your ongoing status as a beneficiary, including payment of the then -current annual beneficiary fees. Release of source code for the Incode Software is strictly governed by the terms of the escrow agreement. 4. Limited Warranty. We warrant that the Incode Software will be without Defect(s) as long as you have a Maintenance and Support Agreement in effect. if the Incode Software does not perform as warranted, we will use all reasonable efforts, consistent with Industry standards, to cure the Defect as set forth in the Maintenance and Support Agreement. SECTION C— ENERGOV SAAS SERVICES 1. Rights Granted. We grant to you the non-exclusive, non -assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Concurrent Users only. The EnerGov Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the EnerGov Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the EnerGov Software, as further described in Section E(2). 2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Concurrent Users and amount of Data Storage Capacity. You may add additional concurrent users or additional data storage capacity on the terms set forth in Section J(1). In the event you regularly and/or meaningfully exceed the Defined Concurrent Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s). 3. Ownership. 3.1 We retain all ownership and intellectual property rights to the SaaS Services, the EnerGov Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the EnerGov Software in excess of the scope and/or duration of the SaaS Services. 3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 3.3 You retain all ownership and intellectual property rights to the Data. 4. Restrictions. You may not: (a) make the EnerGov Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party's business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, EnerGov Software, or Documentation available to any third party other than as expressly permitted by this Agreement. S. Software Warranty. We warrant that the EnerGov Software will perform without Defects during the term of this Agreement. If the EnerGov Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section E(2), below, the SLA and our then current Support Call Process. 6. SaaS Services. 6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA's Statement on Standards for Attestation Engagements ("SSAE") No. 16, Type 2. We have attained, and will maintain, Type II SSAE compliance, or its equivalent, for so long as you are timely paying for SaaS Services. Upon execution of a mutually agreeable Non -Disclosure Agreement ("NDA"), we will provide you with a summary of our SSAE-16 compliance report or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same Information. 6.2 You will be hosted on shared hardware in a Tyler data center, but in a database dedicated to you, which is inaccessible to our other customers. 6.3 We have fully -redundant telecommunications access, electrical power, and the required hardware to provide access to the EnerGov Software in the event of a disaster or component failure. In the event any of your data has been lost or damaged due to an act or omission of Tyler or its subcontractors or due to a defect in Tyler's software, we will use best commercial efforts to restore all the data on servers in accordance with the architectural design's capabilities and with the goal of minimizing any data loss as greatly as possible. in no case shall the recovery point objective ("RPO") exceed a maximum of twenty-four (24) hours from declaration of disaster. For purposes of this subsection, RPO represents the maximum tolerable period during which your data may be lost, measured in relation to a disaster we declare, said declaration will not be unreasonably withheld. 6.4 In the event we declare a disaster, our Recovery Time Objective ("RTO") is twenty-four (24) hours. For purposes of this subsection, RTO represents the amount of time, after we declare a disaster, within which your access to the EnerGov Software must be restored. 6.5 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the EnerGov Software. Unauthorized attempts to access files, passwords, or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer. 6.6 We test our disaster recovery pian on an annual basis. Our standard test is not client -specific. Should you request a client -specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. 6.7 We will be responsible for importing back-up and verifying that you can log -in. You will be responsible for running reports and testing critical processes to verify the returned data. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request. 6.8 We provide secure data transmission paths from each of your workstations to our servers. 6.9 For at least the past ten (10) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies. Our data centers are accessible only by authorized personnel with a unique key entry. All other visitors must be signed in and accompanied by authorized personnel. Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access. SECTION D -- PROFESSIONAL SERVICES 1. Services. We will provide you the various implementation -related services itemized in the Investment Summary and described in the Statements of Work. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summaries. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summaries are good - faith estimates of the amount of time and materials required for your implementation. We will bili you the actual fees incurred based on the in -scope services provided to you. Any discrepancies in the total values set forth in the Investment Summaries will be resolved by multiplying the applicable hourly rate by the quoted hours. Additional Services. The Investment Summaries contain, and the Statements of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or If you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote. 4. cancellation. We make all reasonable efforts to schedule our personnel for travel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments. S. Servicgs Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re -perform such services at no additional cost to you. Site Access and Reggirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us. You further agree to provide a reasonably suitable environment, location, and space for the installation of the Incode Software and any Third Party Products, including, without limitation, sufficient electrical circuits, cables, and other reasonably necessary items required for the installation and operation of the Tyler Software and any Third Parry Products. 7. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the Implementation -related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission). SECTION E — MAINTENANCE AND SUPPORT 1. Incode Software. This Agreement includes the period of free maintenance and support services identified in the Invoicing and Payment Policy. If you have purchased ongoing maintenance and support services, and continue to make timely payments for them according to our Invoicing and Payment Polity, we will provide you with maintenance and support services for the Incode Software under the terms of our standard Maintenance and Support Agreement. If you have opted not to purchase ongoing maintenance and support services for the Incode Software, the Maintenance and Support Agreement does not apply to you. Instead, you will only receive ongoing maintenance and support on the Incode Software on a time and materials basis. In addition, you will: (i) receive the lowest priority under our Support Call Process; (ii) be required to purchase new releases of the Incode Software, including fixes, enhancements and patches; (iii) be charged our then -current rates for support services, or such other rates that we may consider necessary to account for your lack of ongoing training on the Incode Software; (iv) be charged for a minimum of two (2) hours of support services for every support call; and (v) not be granted access to the support website for the Incode Software or the Tyler Community Forum. 2. EnerGov Software. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will: 2.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Refects in the EnerGov Software (limited to the then -current version and the immediately prior version); 2.2 provide telephone support during our established support hours; 2.3 maintain personnel that are sufficiently trained to be familiar with the EnerGov Software and Third Party Software, if any, in order to provide maintenance and support services; 2.4 make available to you all major and minor releases to the EnerGov Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 2.5 provide non -Defect resolution support of prior releases of the Energov Software in accordance with our then -current release life cycle policy. We will use all reasonable efforts to perform support services remotely. Currently, we use a third- party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the EnerGov Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes. For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the EnerGov Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our then -current Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks' advance notice. SECTION F --THIRD PARTY PRODUCTS To the extent there are any Third Party Products set forth in the Investment Summaries, the following terms and conditions will apply: 1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summaries. Those amounts are payable in accordance with our Invoicing and Payment Policy. 2. Third Party Software - Incode. Upon payment in full of the Third Party Software license fees set forth in the Incode Investment Summary, if any, you will receive a non -transferable license to use such Third Party Software and related documentation for your internal business purposes only. Your license rights to such Third Party Software will be governed by the Third Party Terms. 2.1 We will install onsite the Third Party Software listed in your Incode Investment Summary. The installation cost is included in the installation fee in the Incode Investment Summary. 2.2 If the Developer charges a fee for future updates, releases, or other enhancements to the Third Party Software listed in your Incode Investment Summary, you will be required to pay such additional future fee. 2.3 The right to transfer the Third Party Software listed in the Incode Investment Summary to a replacement hardware system is governed by the Developer. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance from us associated with such transfer. 3. Third Party Software — EnerGov. As part of the SaaS Services, you may receive access to Third Party Software as listed in the EnerGov Investment Summary and related documentation for internal business purposes only. Your rights to the Third Party Software listed in the EnerGov Investment Summary, if any, will be governed by the Third Party Terms. 4. Third Party Products Warranties. 4.1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software. 4.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware. 4.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Parry Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products. S. Maintenance. If you have a Maintenance and Support Agreement in effect for the Incode Software, you may report defects and other issues related to the Third Party Software listed in the Incode Investment Summary directly to us, and we will (a) directly address the defect or issue, to the extent it relates to our interface with the Third Party Software; and/or (b) facilitate resolution with the Developer, unless that Developer requires that you have a separate, direct maintenance agreement in effect with that Developer. In all events, if you do not have a Maintenance and Support Agreement in effect with us, you will be responsible for resolving defects and other issues related to the Third Party Software directly with the Developer. SECTION G — INVOICING AND PAYMENT, INVOICE DISPUTES 1. Invoicing and Pavmgnt. We will invoice you for all fees set forth in the investment Summaries per our Invoicing and Payment Policy, subject to Section G(2). 2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so. SECTION H — TERM AND TERMINATION 1. Term. 1.1 EnerGov Software. The initial tern of this Agreement with respect to the EnerGov Software is three (3) years from the first day of the month following the Effective Date, unless earlier terminated as set forth below. After the first day of the month following the Effective Date, this Agreement will renew automatically for additional one (1) year renewal terms at our then - current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then -current renewal term. Your right to access or use the EnerGov Software and the SaaS Services will terminate at the end of this Agreement. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don't cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate. 1.2 Incode Software. The license grant to the Incode Software is perpetual, subject to the restrictions set forth in Section C. 2. For Causeif you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section J(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section J(3). in the event of termination for cause, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. 3. lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase, lease, operate, or maintain the software or services set forth in this Agreement, you may unilaterally terminate this Agreement effective on the final day of the fiscal year through which you have funding. You will make every effort to give us at least thirty (30) days written notice prior to a termination for lack of appropriations. In the event of termination due to a lack of appropriations, you will pay us for all undisputed fees and expenses related to the software and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute process set forth in Section G(2) at the time of termination in order to be withheld at termination. You will not be entitled to a refund or offset of previously paid license and other fees. 4. Force Majeure. Except for your payment obligations, either you or we may terminate this Agreement if a Force Majeure event suspends performance of scheduled tasks for a period of forty- five (45) days or more. In the event of termination due to Force Majeure, you will pay us for all undisputed fees and expenses related to the software and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must have been submitted to the invoice Dispute process set forth in Section G(2) at the time of termination in order to be withheld at termination. You will not be entitled to a refund or offset of previously paid license and other fees. SECTION I — INDEMNIFICATION, LIMITATION OF UABIUTY AND INSURANCE 1. Intellectual Property Infringement Indemnification. 1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party's patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section 1(1) will not apply to the extent the claim or adverse final judgment is based on your: (a) use of a previous version of the Tyler Software and the claim would have been avoided had you installed and used the current version of the Tyler Software, and we provided notice of that requirement to you; (b) combining the Tyler Software with any product or device not provided, contemplated, or approved by us; (c) altering or modifying the Tyler Software, including any modification by third parties at your direction or otherwise permitted by you; (d) use of the Tyler Software in contradiction of this Agreement, including with non -licensed third parties; or (e) willful infringement, including use of the Tyler Software after we notify you to discontinue use due to such a claim. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement. 1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either. (a) procure the right to continue its use; (b) modify it to make it non -infringing; (c) replace it with a functional equivalent; or (d) terminate your license and refund the license fees paid for the infringing Tyler Software, as depreciated on a straight-line basis measured over seven (7) years from the Effective Date. We will pursue those options in the order listed herein. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. 2. General Indemnification. 2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense. 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT UABILr Y, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) PRIOR TO FORMAL TRANSITION TO MAINTENANCE AND SUPPORT FOR THE INCODE SOFTWARE, THE TOTAL ONE-TIME FEES SET FORTH IN THE INCODE INVESTMENT SUMMARY PLUS THE TOTAL YEAR ONE SAAS FEES SET FORTH IN THE ENERGOV INVESTMENT SUMMARY; OR (B) AFTER FORMAL TRANSITION TO MAINTENANCE AND SUPPORT FOR THE INCODE SOFTWARE, THE THEN -CURRENT ANNUAL MAINTENANCE AND SUPPORT FEE FOR THE INCODE SOFTWARE PLUS THE THEN -CURRENT ANNUAL SAAS FEES FOR THE ENERGOV SOFTWARE. THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS I(1) AND I(2). S. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of Insurance upon your written request. SECTION J — GENERAL TERMS AND CONDITIONS Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date, and thereafter at our then -current list price, by executing a mutually agreed addendum. if no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then -current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. 2. Optional items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date. 3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 4. Taxes. The fees in the Investment Summaries do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct -pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. 6. E -Verify. We have complied, and will comply, with the E -Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 8. Bindinit Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets. 9. Force Maleure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 10. No Intgnded Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms. 11. Entire Agreement: Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. 13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non -enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non -enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 14. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 1S. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement, provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 18. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 19. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law. 20. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 21. C000erative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement. 22. Contract Document. This Agreement includes the following exhibits: Exhibit A Investment Summaries [Signature Page to Follow] Schedule 1: EnerGov Investment Summary Schedule 2: Incode Investment Summary Exhibit B Invoicing and Payment Policy Schedule 1: Business Travel Policy Exhibit C Incode Maintenance and Support Agreement Schedule 1: Support Call Process Exhibit D EnerGov Service Level Agreement Exhibit E Statements of Work Schedule 1: EnerGov Statement of Work Schedule 2: Incode Statement of Work Exhibit F Third Party Terms [Signature Page to Follow] IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the dates) set forth below. Tyler Technologies, Inc. City o a win Park, Cali cRia•� By:�govz--6ZA B y Name: QA& Wb tY1 k Title, Date: ,1� �► Address for Notices: Tyler Technologies, Inc. One Tyler Drive Yarmouth, ME 04096 Attention: Associate General Counsel Name: M&NV.41 L.OZIJAIo Title: A4,44g& Date: �Zo�l6 Address for Notices: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Attention: Rose Tam • •••'•• t ler .... y • technologies Exhibit A Investment Summaries The following Investment Summaries detail the software, products, and services to be delivered by us to you under the Agreement. The Investment Summaries are effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. [Remainder of Page Left Intentionally Blank] Exhibit A Schedule 1 EnerGov Investment Summary Eneroov Saes - Silver Con Sollwxe: EnerGOv Pero*" & Land Management Suite (PLM) 5169.00 10 520,280.00 EnerGW Ucenalnp and Regulatory Managward Suae (LRM) - $169 per mmM per 50.00 S $6,0115-0 tore 10 S250.W extem im: 370 $175.90 EnerGov Citizen Access web Po" - Pe mBeng a Land Mgmt (PLM) 51250.00 Sete License $15,000.00 EnrGove4ieviavn 51.260.00 S11 LMM $15,000.00 EnerGov Cltlzen Access Web Wstal • Licensing A Reg Mgml (LRM) 51,250.00 Site License $15,000.00 &WWW 16 WNUM Appt $49.0 5 52.940,00 EnerGov Report Toalklt 5196.00 Ste License $2.350.W EnerGov Decision OWM $MM Se Llcrue $9,999.00 Sub•1btW: 50.00 S86.653.W Less 04=roa11 $511.4$9.00 531.67300 TOTAL: S54.5a11AO GFINGW Pfowsional wvem EnerGov Prgect Management Services 100 5475.00 j EneKtov r>mlie Twining 6 P Afton Support Services 100 $175.00 EnerGov Report Development Services 10 S250.W EnerGov PnaesNpnal tApkmarm0on Services 370 $175.90 EnerGov FundarnrAab ToWing 40 $175.00 TOTAL: Summery One Time Fees Recurring Fees T0161 sees $0.00 S54,980.00 Total Tyler Solevam soon $O.W TOW Tyler Sevfoes $109,250.00 $500.00 TOW 3rd Party 11ardiiia e, Softwe and Sevices $0.00 50.00 Summary TOL! $109,2$0.00 $511.4$9.00 Yaw OM eo m act TOW $1611,730.00 FAUMated Travel Expanses $5.5011.00 Ceoarearr e-Plarrow regwm Bb*Beam Rew or Adobe Acrobu Pro. EoerGa mosM ices we rounded. acludioS mors. $17,500.00 $17,500.00 $2,500. W S".750.W $7,000.00 $102,250.00 50.00 $0.00 5500 00 50-0 $0.00 = OAO Exhibit A Schedule 2 Incode Investment Summary Earlier of f M use of Tyler Software In IWe produedw or ISO days from #w deft the Tyler SOHware Is made 4"Nable for d0Ym4080In9. Pleas Na4a: TYarNaapanaa rel M6aaI es koarrad AMN9 Fees for sae above Owns tar 5 years we be as lalowa Year i - f31.95e Yeer2•f32,999 Yaw 3.533 M Year 4.594,919 Year i (36,061 '. Investment Summary eei tyler lieu Tae �'e� Fi4 d aaldr4n Park saChw1 D C*.`' Cont vial N3 6 : 761660116 lampred tar: City of BaldrNn Park Conal P4reen: Rose Tam Naw Deb: 04rime Addreaa: 14403 East Pacific Maw Baklain Park, CA 91706 Film 626480-4011 Ext. 254 Sake Rep: R Fax: Ensell: rlBmQbalalMnpark.tam Exeapt IT_ YMIND Produck it 'I, Afiluosawd. Upas ugm AvdWe EratlMn DaalloatlDeb Upon Earlier or As DeNaered TOW11 Annual Fees Total Appliasara Soarran LmnaeFew -ffic D F7ne7x:ie7SWO 14,253 34208 8,552 57,013 31.000 Ltcerres Fees- WOODS Pbrsararel Maurnant&oft 5,913 14,190 3,548 23.850 LomwFew - MOVE CaaomarRala0or16hipMaAegertbrdSa4e 5,363 12.870 3,218 21,450 License Fees- WCODE D=UnW ManageOWN Sudo 5.375 12,900 3,225 21,500 1 ass Drsrowu 1261 1,1781) !iG iA71 TOW Ptabookam Senate kWW"WA3&- 57,000 57,000 Pm)eat Mariaganant d FkW MrNarnerMal o 20,361 20.301 Date Conversion 43.001) 43,000 Annual Services Tj On Demesd - Tyler U 950 Totals 26 2M 63,043 15,761 i 120.361 2"A321 31,060 Earlier of f M use of Tyler Software In IWe produedw or ISO days from #w deft the Tyler SOHware Is made 4"Nable for d0Ym4080In9. Pleas Na4a: TYarNaapanaa rel M6aaI es koarrad AMN9 Fees for sae above Owns tar 5 years we be as lalowa Year i - f31.95e Yeer2•f32,999 Yaw 3.533 M Year 4.594,919 Year i (36,061 Softvmm Litemsm ae�. tylerPS I&WTM olat SaMm0a Pollk AP227. M" EaMaraa aw News Services JWWAW Fee . .. ... VIM- ---- MOM . ....... 11.010 LOOK DOWNIK asolk Rowt Acconk AWAW Pmiawa P" PURhesag 35 4kBM Fl and AS" 16 zom PMW ACIMA" t2 Iam anoadepanaaaaMYrrsssaatSaSe 2$8$ 26.6 %60 PWS=d Maregovam w ioAm EwOWw SW Soft* (NunWw of FTE Enwkym) 150 w 7,= WO ( OW" Paw) ESS Time & Almodance 04~ of FTE Empbym) ISD so 7=0 4.4?01 J&*W Qv&Mebk Cada We 6 TS. PO OwooN) CahWft RICW Impon (Offieft Ifted-0) WKdwwm Accouris Piecohafte MWwd Foms Package (40wdwkrAftm*k oldpwask"dw aamw Camra ommogoom" IVW Cadent Mropw Shmdard Edlbm (TCM SE) PAJA~ALT& Fftb*Wjkwmw Mftb Sm SWbW AdAmosa! out Cambod Aftw ar , 11 , AVISSIONNO Nobt PmpoW Roclucles w**W users an A sAme appkakns as wel sonooMmodiconselees for twIrsupg Isa losalmmeappicalons 1 32 4.00 hockdod is 2010 6 im 49 4500 Pd ..! — .. . .. .. . - I I,.-,.,, I — - - I —.— 20,311 , .. OVISOR ANNMMKWMY 32 4AW ACCO piqo,,I IZ3BI "I Pod l VowwWa OndleAssistonce 32 LOW 4A00 lsadaApp6rdfaaSu6fad 455 77.000 IZUH& 87.000 Pn*mdmdgwvkva 64 MBI 20AI pleml Chadolonowt (10A44 A*scomm am %ation Sonvorm Tam 7a1 73307 xaiarl 77.361 3f AOY; Professional Services ee Roes Tam � •� a f er City of Baldwin Park April 27, 2616 Estimated Conversion Services CITY ProquampniU Fee Hours Services Conversion Fee Financial Applications 25.500 General Ledger 6,000 8 1,000 Chart dAccounts Budget (2 yews + Current) Transaction Hiatory (2 years + Current) 500 4 500 Aicmuft Pay" 5.000 4 500 Vendor Master Ndo. address, primary contact 1099 Basan@$ (current yew) Transaction History (2 yews + Cutters) 1.000 B 1,000 Venda Hates. Additional Contacts 1.000 4 500 Fixed Assets 3,000 8 1,000 - Assets irdsnnetion with impitwernents. totds only, no history) Praied Aac-acing 3.500 8 1.000 Project Notes, Accounts (Open Projects Only) Project Account Budgets (Open Projects Only) Project Account Detail (Open Pmjods Orly) PermutattlRawoll Applications 17.500 Panonaal Menegementrpayroll 8.500 48 6,000 - Basic Employee kdometion - employee master. address. primary contact. standard dates (.e. hire. birth. lamination, leave). standard phones (work, ham. call). curont direct deposit, current position, retirement. employee deductions. employee taxes Current Year Leave Balances Current You detailed employee pay history - paycheck earnings. earning distribution. deductions and taxes OR current yew Woody summarized history Direct Deposit detailed history 2 years + Current 1 500 4 500 Detailed Employee lnlonnsban 1 1.000 8 1,000 - Additional contacts. dependem details, notes. additional dates (i.e. wwwarewy. sweatily). additional phones (i.e. spouse. fax) Conversion Services Total 30,000 104 13,000 43.000 Tyler On Demand - Tyler U Rose Tam City of Baldwin Perk April 27, MIS . tyler Fee Tyler U Subscription E40aming courses available for all employees during the subscription period Unlimted access to hundreds of e -learning courses spanning the entire suite of Tyler applications Unlimited access to on -demand Continuing Professional Education credit courses certified by NASBA standards Unlimited access to Govemrnerit compliance courses such as HIPAA Compliance, Red Flag Rules. and Workplace Harassment Prevention Available 24/7 Now courses created continually Tyler Techrrafagies, Inc. to mWaftwed lath ft Mariana! Association of State Boards of Accountancy (NASSA) as a apwmw of confeasrg pmfassional education on ft National IUV&by of CPE Sponeora. State boards of aecarntanoy have dust suthority ort the acmpience of urdividual courses for CPE credit. Complaints mgwdag registered aponaors may be submitted to the National Registry of CPE Sponaora through its rtebar'6a: wwar aambgmerkef org Tyler Online Training Center Total • ••::�. ty le r . • technologies Exhibit B Invoicing and Payment Policy We will provide you with the software and services set forth in the Investment Summaries. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Invoicing: We will irrvoice you for the applicable license and services fees in the Investment Summaries as set forth below. Your rights to dispute any invoice are set forth in the Agreement. 1. Incode Software. 1.1 License Fees: License fees for the Incode Software are invoiced as follows: (a) 25% on the Effective Date; (b) 60% on the date when we make the applicable Incode Software available to you for downloading (the "Available Download Date"); and (c) 15% on the earlier of use of the Incode Software in live production or 180 days after the Available Download Date. 1.2 Maintenance and Support Fees: Year 1 maintenance and support fees are waived through the earlier of (a) availability of the Incode Software for use in a live production environment; or (b) one (1) year from the Effective Date. Year 2 maintenance and support fees are payable on that earlier -of date, and subsequent maintenance and support fees are invoiced annually in advance of each anniversary thereof. The foregoing notwithstanding, annual maintenance fees for the Incode Software included in the Investment Summary as of the Effective Date are as follows: Year 2 - $32,909.00; Year 3 - $33,896.00; Year 4 - $34,913.00, Year 5 - $36,061.00. Your fees for each subsequent year will be set at our then -current rates. 2. EnerGov Software. 2.1 SaaS Fees: SaaS Fees are invoiced on an annual basis, beginning on the Effective Date. Your annual SaaS fees for year 1 are set forth in the EnerGov Investment Summary. Thereafter, your annual SaaS fees will be at our then -current rates. 3. Professional Services. 3.1 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summaries. 3.2 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed -fee services, they will be invoiced 50% upon your acceptance of the Business System Design document, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis. 3.3 Conversions: Fixed -fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis. 3.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30 -day window has passed. You may still report Defects to us as set forth In the Maintenance and Support Agreement. 3.5 Other Fixed Price Services: Other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment will be due upon delivery of the implementation Planning document. 3.6 Change Management Services: if you have purchased any change management services, those services will be invoiced in the following amounts and upon the following milestones: Acceptance of Change Management Discovery Analysis 15% Delivery of Chane Management Plan and Strategy Presentation 10% Acceptance of Executive Playbook 15% Acceptance of Resistance Management Plan 15% Acceptance of Procedural Change Communications Plan 10% Chane Management Coach Training 20% Change management After -Action Review 15% 4. Third Party Products 4.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading. 4.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software is invoiced when we make it available to you for downloading. 4.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery. S. Expenses. The service rates in the Investment Summaries do not include travel expenses. Expenses will be billed as incurred and only in accordance with our then -current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B at Scheoule i. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available. Paymern. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is: Bank: Wells Fargo Bank, N.A. 420 Montgomery San Francisco, CA 44104 ABA: 121000248 Account: 4124302472 Beneficiary: Tyler Technologies, Inc. —Operating •••'••...• t der . y • technologies Exhibit B Schedule 1 Business Travel Policy 1. Air Travel A. Reservations & Tickets Tyler's Travel Management Company (TMC) will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee's total trip duration and the fare Is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee's total trip duration, the connecting flight should be accepted. Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven day advance booking requirement is mandatory. When booking less than seven days in advance, management approval will be required. Except in the case of international travel where a segment of continuous air travel is scheduled to exceed six hours, only economy or coach class seating is reimbursable. B. Baggage Fees Reimbursement of personal baggage charges are based on trip duration as follows: • Up to five days = one checked bag • Six or more days = two checked bags Baggage fees for sports equipment are not reimbursable. 2. Ground Transportation A. Private Automobile Mileage Allowance — Business use of an employee's private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a "mid-size" or "intermediate" car. "Full" size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals, additional insurance on the rental agreement should be decllned. C. Public Transportation Taxi or airport limousine services maybe considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately. D. Parking & Tolls When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler's TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. "No shows" or cancellation fees are not reimbursable if the employee does not comply with the hotel's cancellation policy. Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status are in accordance with the federal per diem rates published by the General Services Administration. Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.esa.govyerdiem. A. Overnight Travel For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below. Departure Dav Depart before 12:00 noon Depart after 12:00 noon Return Da Return before 12:00 noon Return between 12:00 noon & 7:00 p.m. Return after 7:00 p.m.* Lunch and dinner Dinner Breakfast Breakfast and lunch Breakfast, lunch and dinner *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows: • Breakfast 15% • Lunch 25% • Dinner 60% B. Same Day Travel Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner S. Internet Access— Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee's hotel charges for Internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable. •••.,.'•• • t ler . y • technologies Exhibit C Incode Maintenance and Support Agreement We will provide you with the following maintenance and support services for the Incode Software. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. 1. Term. We provide maintenance and support services on an annual basis. The initial term commences on the Effective Date and remains in effect for one (1) year. The term will renew automatically for additional one (1) year terms unless terminated in writing by either party at least thirty (30) days prior to the end of the then -current term. We will adjust the term to match your first use of the Incode Software in live production if that event precedes the one (1) year anniversary of the Effective Date. 2. Maintenance and Support Fees. Your year 1 maintenance and support fees for the Incode Software are listed in the Incode Investment Summary, and your payment obligations are set forth in the Invoicing and Payment Policy. We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within thirty (30) days of our written notice. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Incode Software, and you timely pay your maintenance and support fees, we will, consistent with our then -current Support Call Process: 3.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Incode Software (limited to the then -current version and the immediately prior version); provided, however, that if you modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void; 3.2 provide telephone support during our established support hours; 3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services; 3.4 provide you with a copy of all major and minor releases to the Incode Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 3.5 provide non -Defect resolution support of prior releases of the Incode Software in accordance with our there -current release life cycle policy. 4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services remotely. Currently, we use a third -party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed Internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes. S. Hardware and Other Systems. If you are a self -hosted customer and, in the process of diagnosing a software support issue, it is discovered that one of your peripheral systems or other software is the cause of the issue, we will notify you so that you may contact the support agency for that peripheral system. We cannot support or maintain Third Party Products except as expressly set forth in the Agreement. In order for us to provide the highest level of software support, you bear the following responsibility related to hardware and software: (a) All infrastructure executing Tyler Software shall be managed by you; (b) You will maintain support contracts for all non -Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third -Party Software, if any); and (c) You will perform daily database backups and verify that those backups are successful. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler cannot remotely correct a Defect in the Incode Software, as set forth above), (c) application design; (d) other consulting services; (e) maintenance and support of an operating system or hardware, unless you are a hosted customer; (f) support outside our normal business hours as listed in our then -current Support Call Process; or (g) installation, training services, or third party product costs related to a new release. Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks' advance notice. 7. ,Current Suapart Call Process. Our current Support Call Process for the Tyler Software is attached to this Exhibit C at Schedule 1. • •••'•• t er .,.. y • teclhnologies Exhibit C Schedule 1 Support Call Process Support Channels Tyler Technologies, Inc. provides the following channels of software support: (1) Tyler Community — an on-line resource, Tyler Community provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (2) On-line submission (portal) — for less urgent and functionality -based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website. (3) Email — for less urgent situations, users may submit unlimited emails directly to the software support group. (4) Telephone — for urgent or complex questions, users receive toll-free, unlimited telephone software support. Support Resources A number of additional resources are available to provide a comprehensive and complete support experience: (1) Tyler Website — www.tylertech.com — for accessing client tools and other information Including support contact information. (2) Tyler Community — available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase — A fully searchable depository of thousands of documents related to procedures, best practices, release Information, and Job aides. (4) Program Updates — where development activity is made available for client consumption Support Availability Tyler Technologies support is available during the local business hours of 8 AM to S PM (Monday— Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Tyler's holiday schedule is outlined below. There will be no support coverage on these days. New Year's Day Thanksgiving Day Memorial Da Day after Thanksgiving Independence Day Christmas Da labor Day Issue Handling Incident Tracking Every support incident is logged into Tyler's Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler's website or by calling software support directly. Incident Priority Each incident is assigned a priority number, which corresponds to the client's needs and deadlines. The client is responsible for reasonably setting the priority of the incident per the chart below. The goal of this structure is to help the client clearly understand and communicate the importance of the issue and to describe expected responses and resolutions. Priority Level Characteristics of Support Incident Resolution Targets Support incident that causes (a) Tyler shall provide an initial response to Priority complete application failure or Level 1 incidents within one (1) business hour of application unavailability; (b) receipt of the support incident. Tyler shall use 1 application failure or unavailability commercially reasonable efforts to resolve such Critical in one or more of the client's support incidents or provide a circumvention remote location; or (c) systemic loss procedure within one (1) business day. Tyler's of multiple essential system responsibility for lost or corrupted data is limited functions. to assisting the client in restoring its last available database. Support incident that causes (a) Tyler shall provide an initial response to Priority repeated, consistent failure of Level 2 incidents within four (4) business hours of essential functionality affecting receipt of the support incident. Tyler shall use 2 more than one user or (b) loss or commercially reasonable efforts to resolve such High corruption of data. support incidents or provide a circumvention procedure within ten (10) business days. Tyler's responsibility for loss or corrupted data is limited to assisting the client in restoring its last available database. Priority Level 1 incident with an Tyler shall provide an initial response to Priority existing circumvention procedure, Level 3 incidents within one (1) business day of or a Priority Level 2 incident that receipt of the support incident. Tyler shall use affects only one user or for which commercially reasonable efforts to resolve such 3 there is an existing circumvention support incidents without the need for a Medium procedure. circumvention procedure with the next published maintenance update or service pack. Tyler's responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. Priority Level Characteristics of Support Incident Resolution Targets Support incident that causes failure Tyler shall provide an initial response to Priority 4 of non-essential functionality or a Level 4 incidents within two (2) business Non- cosmetic or other issue that does days. Tyler shall use commercially reasonable critical not qualify as any other Priority efforts to resolve such support incidents, as well as Level. cosmetic issues, with a future version release. incident Escalation Tyler Technology's software support consists of four levels of personnel: (1) Level 1: front-line representatives (2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues (3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client's needs. On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods: (1) Telephone — for immediate response, call toll-free to either escalate an incident's priority or to escalate an issue through management channels as described above. (2) Email — clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal — clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number. Remote Support Tool Some support calls require further analysis of the client's database, processor setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry -standard remote support tool. Support is able to quickly connect to the client's desktop and view the site's setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. • •••'•• ty er • teclhnologies Exhibit D EnerGov Service level Agreement I. Agreement Overview This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented in the Support Call Process. II, Definitions. Except as defined below, all defined terns have the meaning set forth in the Agreement. Attainment. The percentage of time the EnerGov Software is available during a billing cycle, with percentages rounded to the nearest whole number. Client Error Incident Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third -party providers over whom we exercise no control. Downtime: Those minutes during which the EnerGov Software is not available for your use. Downtime does not include those instances in which only a Defect is present. Service Avallability: The total number of minutes in a billing cycle that the EnerGov Software is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure. Ili. Service Availability The Service Availability of the EnerGov Software is intended to be 24/7/365. We set Service Availability goals and measures whether it has met those goals by tracking Attainment. a. Your Responsibilities Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support incident number. You must document, in writing, all Downtime that you have experienced during a calendar quarter. You must deliver such documentation to us within 30 days of a quarter's end. The documentation you provide must evidence the Downtime clearly and convincingly. It must include, for example, the support incident number(s) and the date, time and duration of the Downtime(s). b. Our Responsibilities When our support team receives a call from you that a Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of a Client Error Incident or Force Majeure). We will also work with you to resume normal operations. Upon timely receipt of your Downtime report, we will compare that report to our own outage logs and support tickets to confirm that a Downtime for which we were responsible indeed occurred. We will respond to your Downtime report within 30 day(s) of receipt. To the extent we have confirmed Downtime for which we are responsible, we will provide you with the relief set forth below. C. Client Relief When a Service Availability goal is not met due to confirmed Downtime, we will provide you with relief that corresponds to the percentage amount by which that goal was not achieved, as set forth in the Client Relief Schedule below. Notwithstanding the above, the total amount of all relief that would be due under this SLA will not exceed 5% of one quarter of the then -current SaaS Fee. To the extent any credit is identified in any quarter, it will accumulate, and all credits will be deducted from the SaaS Fee for the immediately following year. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption. A correction may occur in the quarter following the service interruption. In that circumstance, if service levels do not meet the corresponding goal for that later billing cycle, your credits will be reissued in that following quarter. Every quarter, we will compare confirmed Downtime to Service Availability. In the event actual Attainment does not meet the targeted Attainment, the following Client relief will apply, on a quarterly basis: 100% 98-99% Remedial action will be taken. 4% credit of fee for affected billing cycle will 100% 95-97% be posted to next billing cycle 5% credit of fee for affected billing cycle will 100% <95% be posted to next billing cycle You may request a report from us that documents the preceding quarter's Service Availability, Downtime, any remedial actions that have been/will be taken, and any credits that may be issued. IV. Applkabillty The commitments set forth in this SLA do not apply during maintenance windows, Client Error incidents, and Force Majeure. We perform maintenance during limited windows that are historically known to be reliably low -traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you. V. Force Majeure You will not hold us responsible for not meeting service levels outlined in this SLA to the extent any failure to do so is caused by Force Majeure. In the event of Force Majeure, we will file with you a signed request that said failure be excused. That writing will at least include the essential details and circumstances supporting our request for relief pursuant to this Section. You will not unreasonably withhold its acceptance of such a request. *o.,.•�•� t ler . y technologies Exhibit E Statements of Work [Remainder of Page Left Intentionally Blank] Exhibit E Schedule 1 EnerGov Statement of Work [Attached as a separate document] Exhibit E Schedule 2 Incode Statement of Work [Attached as a separate document) '••'••• t ler ❖. y • technologies Exhibit F Third Party Terms [To be Inserted, if necessary] STAFF REPORT ITEM NO. lY TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: December 4, 2019 SUBJECT: Approval of Purchase of Decorative Streetlight and Traffic Signal Poles to be Installed along Ramona Boulevard within the Downtown Area Between La Rica Avenue and Bogart Avenue SUMMARY This item will approve the purchase and authorize the expenditure for the procurement of decorative streetlight and traffic signal poles along Ramona Boulevard within the Downtown Area between La Rica Avenue and Bogart Avenue. The proposed purchase consists of 36 new decorative streetlight poles with LED fixtures to replace existing streetlight poles. The purchase will also include purchasing new decorative traffic signal poles with LED safety lighting to replace existing traffic signal poles at three (3) intersections along Ramona Boulevard at Cesar Chaves Drive, Maine Avenue and Bogart Avenue. RECOMMENDATION It is Staffs recommendation that the City Council: 1. Authorize the expenditure and approve the purchase of decorative streetlight and traffic signal poles in the amount not to exceed $838,087.73; and 2. Authorize the Director of Public Works to proceed with the development and submittal of a purchase order and begin the process to move forward with the manufacture and delivery of the decorative streetlight and traffic signal poles. FISCAL IMPACT There is no impact the general fund. The following table lists the funds available for the purchase which is listed in FY 2019-20 # CIP 20-24. Street Lighting and Landscape Fund to Acct.# 251-50-520- $350,000.00 CIP 20-24 58100-14120 Measure R Local Return Fund to Acct.# 254-50-520-58100- $488,087.73 14120 Total Funding Amount $838,087.73 Purchase Cost $838,087.73 Total Purchase Cost $838,087.73 BACKGROUND The City's Active Transportation Program, First Mile Last Mile initiative and Complete Streets Policy have paved the way for the procurement of grant funding and development of various projects. While piecing together the annual Capital Improvements Program (CIP), Staff realized that a collection of these CIP projects focused on enhancing the City's Downtown Area. On April 17, 2019 Staff held a discussion with the City Council in which the concept of a Downtown Beautification Project was proposed and over the past six months Staff has been working with the City's consultant to complete a conceptual plan. On November 6, 2019 the City Council provided Staff with direction necessary to move the Downtown Beautification Project from concept to design of plans and specifications. Direction included approval of unique custom decorative streetlight and traffic signal pole infrastructure provided by South Coast Lighting and Design. DISCUSSION As part of the Downtown Beautification Project, it is planned to replace existing streetlight and traffic signal infrastructure with new decorative infrastructure designed to identity and create visual points of interest that highlight and activate the Baldwin Park community. The aesthetic features of the new infrastructure will also serve as a catalyst to stimulate existing commercial centers within the Baldwin Park Downtown. The goal is to be recognized as a community of a well-planned and aesthetically pleasing physical characteristics that act as the cornerstone for developing streetscape beautification guidelines and branding to the City. On the heels of the installation of the new decorative poles is the Downtown Beautification Project which will construct streetscape enhancements designed to tie-in with the new infrastructure including but not limited to decorative pavement in the parkway and crosswalks, entry monument signs in the center medians and installation of a public art centerpiece on Ramona Boulevard. South Coast Lighting and Design (SCUD) staff presented a unique custom design for the streetlight poles to replace the old streetlight poles (cobra head). The selected replacement streetlights will be consistent with the proposed downtown traffic signals and will provide the required levels of illumination and reliability along this arterial transportation corridor. It is anticipated that future improvement projects along other segments along Maine Avenue would incorporate similar replacement streetlight improvements as funds become available. Approval of this action will authorize the procurement of 36 new decorative streetlight poles with LED fixtures to replace existing streetlight poles which will then be installed during the construction phase of various CIP projects. The main benefit for City procurement of the poles is two -fold. First, the overall cost of the poles is significant lower compared to the overhead and mobilization costs of having a contractor perform the purchase. Secondly, and most important, precuring the poles now will significantly reduce the lead time for obtaining the poles by a contractor later. Due to the uniqueness and custom nature of the poles provided by SCUD, this purchase is considered sole -source and therefore foregoing the formal bid process. It is anticipated that staff will prepare plans and specifications for bid in early 2020. By having SCUD begin the manufacture and delivery of the poles ahead of time, we can ensure that the poles will be available at the time of construction. Staff will prepare reports and submit to the City Council for approval of the construction work at a future date. ALTERNATIVES 1. The City Council may choose not to authorize the expenditure and purchase approval of the decorative streetlight poles and traffic signal poles and task staff to re -purpose the funds for. This action is not recommended as the project will delay the work. 2. Provide Staff with alternate direction. ENVIRONMENTAL REVIEW The subject Purchase of Decorative Streetlight Poles and Traffic Signal Poles Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. LEGAL REVIEW None Required ATTACHMENTS 1. Location Map 2. Streetlight and Traffic Signal Pole Concept Design 3. Proposal for purchase Attachment 1 Location Map N _N O Q. t O Cl) O Cl) d 4 2 U W a: a Q V p w m Q SZ CC C Q Q ZN N _N O Q. t O Cl) O Cl) d Attachment 2 Streetlight and Traffic Conceptual Sign Attachment 3 Proposal for Purchase Quote # 888-8084 - BALDWIN PARK-RAMONA BLVD HELIX Date: 11/21/2019 3:24:28 PM SOUTH COAST LIGHTING & DESIGN www.southcoastlighting.com 1101 Via Callejon, Suite 200 San Clemente, CA 92673 quotes@southcoastltg.com 949-276-8850 ph 949-276-8855 fx John Beshay CITY OF BALDWIN PARK 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 PH: 818-813-5245 Fax 962-2625 Job/Project Name: BALDWIN PARK-RAMONA BLVD HELIX SLSQ: CW1 Remarks: CREDIT CARDS ARE ACCEPTED - VISA, MASTERCARD, AMEX sm., PRICING DIRECT TO CITY OF BALDWIN PARK ONLY 17 SCL DECO FLUTED TWIN STREETLIGHT POLE ASSEMBLY $13150.00 171 VALM 30' FLUTED POLE 17 SCL HELIX DECORATIVE BASE 17 SCL BREAKAWAY BANNER ARMS 2 PER SET 17 SCL DECO TWIN ARM W/ FINIAL 34 SCL DECO SCROLL 34 KING K804 LED PENDANT LUMINAIRE 17 SCL ANCHOR BOLTS 17 KING K124 LED PEDESTRIAN LUMINAIRE 17 SCL DECO POLE SIDE ARM MOUNT FOR PED LUMINAIRE SUBTOTAL BEFORE TAX $223,550.00 1 TAX TOTAL TAX 9.50% $21,237.25 19 SCL DECO FLUTED TWIN STREETLIGHT POLE ASSEMBLY $10,675.00 19 VALM 30' FLUTED POLE 19 SCL HELIX DECORATIVE BASE 19 SCL BREAKAWAY BANNER ARMS 2 PER SET 19 SCL DECO TWIN ARM W/ FINIAL 38 SCL DECO SCROLL 38 KING K804 LED PENDANT LUMINAIRE 19 SCL ANCHOR BOLTS SUBTOTAL BEFORE TAX $202,825.00 1 TAX TOTAL TAX 9.50% $19,268.38 *15-25 BUSINESS DAYS FOR DRAWINGS *PAINT TO BE DETERMINED TOTAL: $466,880.63 MFG F.O.B TERMS KING King Luminaire Factory FREIGHT IS ALLOWED VALM [Valmont Factory FREIGHT IS ALLOWED Prices firm for entry b�: 30 Das Shipment by: PER QUOTE I Lead Time: 23-25 Weeks **ANCHOR BOLTS SHIPPED PRIOR MAY BE SUBJECT TO A FREIGHT CHARGE NOT TO EXCEED $250.00** **AS OF 11/15/18, NEW TARIFF CHARGE WILL BE GOING INTO EFFECT BY OUR MANUFACTURERS - IT IS INCLUDED ON QUOTE. PLEASE INCLUDE THE SOUTH COAST LIGHTING QUOTE # ON YOUR PO PLEASE SEND ORDERS TO: YOUR INSIDE SALES REPRESENTATIVE AND NEWORDER@SOUTHCOASTLIGHTING.COM 1. CITY OF LOS ANGELES PROJECTS THAT ARE QUOTED WILL REQUIRE AT LEAST 25 WORKING DAYS FOR STRUCTURAL CALCS & SUBMITTALS. 2. ALL OTHER PROJECTS THAT ARE QUOTED, WHICH ARE CONSIDERED SMALL, WILL REQUIRE 10 DAYS OR LESS FOR STRUCTURAL CALCS & SUBMITTALS. 3. ALL OTHER PROJECTS THAT ARE QUOTED, WHICH ARE CONSIDERED LARGE, WILL REQUIRE 20 DAYS OR LESS FOR STRUCTURAL CALCS & SUBMITTALS. 4. SOUTH COAST LIGHTING & DESIGN, INC (SCL) OR ITS MANUFACTURERS WILL NOT ASSUME RESPONSIBILITY IF YOU DO NOT VERIFY YOUR WRITTEN REQUEST WITH THIS QUOTED BILL OF MATERIALS. 5. SALES TAX IS NOT INCLUDED UNLESS STATED ON QUOTE. IF SALES TAX IS TO BE ADDED AT TIME OF THE ORDER THEN A NEW QUOTE WILL BE ISSUED. 6. THIS QUOTATION IS SUBJECT TO MANUFACTURER'S TERMS AND CONDITIONS. YOUR RESPONSIBILITY TO INSURE THIS QUOTE ACCURATELY REPRESENTS YOUR BILL OF MATERIAL. IF A SUBSTITUTION IS QUOTED, SCL WILL NOT GUARANTEE APPROVAL UNLESS STATED ON THE QUOTE. THE QUOTE IS BASED ON PART NUMBERS. 8. ANY CHANGES WILL REQUIRE ANEW QUOTE. IF THE COMPLETE QUOTE IS NOT USED THEN A NEW QUOTE WILL BE NEEDED. 9. A SEPARATE P.O. MAY BE REQUIRED FOR EACH MANUFACTURER AT TIME OF THE ORDER. SOUTH COAST LIGHTING WILL COORDINATE ALL DELIVERIES TO OCCUR WITHIN A 30 DAY TIME FRAME. 10. SOURCE INSPECTIONS OR OUT OF STATE INSPECTION CHARGES ARE NOT INCLUDED UNLESS SPECIFICALLY SPELLED OUT ON THIS QUOTE. THESE CHARGES ARE THE RESPONSIBILITY OF OTHERS. 11. CAL -TRANS PROJECTS WILL REQUIRE DESIGN YEAR, LUMINAIREWAST ARM LENGTH, SIGNAL MAST ARM LENGTH, TENON LOCATIONS, ETC., ETC., PRIOR TO ORDER. ORDERS CANNOT BE RELEASED WITHOUT THIS INFORMATION. 8.3 REQUIREMENTS ARE NOT INCLUDED UNLESS STATED ON THIS QUOTE. 12. LAMPS, PHOTOCELLS, FUSES, SPARE PARTS, OR SPECIAL PRODUCT REQUIREMENTS ARE NOT INCLUDED UNLESS STATED ON QUOTE. 13. ACCEPTANCE OF ORDER IS CONTINGENT UPON CREDIT APPROVAL. 14. THE RESPONSIBILITY OF SETTING UP ANY AND ALL INSPECTIONS WITH THE CITY OF LA OR ANY OTHER CITIES REQUIRING INSPECTIONS, IS UP TO THE ELECTRICAL OR GENERAL CONTRACTOR AND IS NOT THE RESPONSIBILITY OF SCL & MFG. IF THE CONTRACTOR WOULD LIKE SCL TO HELP ARRANGE THESE INSPECTIONS, SCL WILL NEED A WRITTEN LETTER AUTHORIZING US TO DO SO. ANY AND ALL COSTS ABOVE ANY ALLOWANCE GIVEN IN A QUOTE ARE THE RESPONSIBILITY OF THE 15. FREIGHT ALLOWED QUOTES INCLUDE TWO HOURS OF OFFLOADING TIME. ADDITIONAL CHARGES AT $200 PER HOUR APPLY IF DELIVERY OFFLOADING TIME EXCEEDS THE MAXIMUM TWO HOUR LIMIT. 16. IF ANY TEMPORARY LIGHTING IS REQUIRED DUE TO A DELAY, IT WILL NEED TO BE DISCUSSED PRIOR. SOUTH COAST OR ANY OF ITS MANUFACTURERS WILL NOT PAY FOR ANY LABOR OR THE COST OF MATERIAL WITHOUT PRIOR APPROVAL. 17. IF A DETAIL -U IS REQUIRED, THERE MAY BE AN ADDER FOR IT; PLEASE INQUIRE WITH YOUR SALESMAN OR INSIDE ASSOCIATE FOR THE ADDER. Printed: 11/21/19 15:50:14 Per: Jason Henderson Email: lasonh(cDsouthcoastlightinq.com Quote # 888-8153 - BALDWIN PARK-RAMONA INTERSECTIONS Date: 11/21/2019 Page 1 SOUTH COAST LIGHTING & DESIGN www.southcoastlighting.com 1101 Via Callejon, Suite 200 San Clemente, CA 92673 quotes@southcoastltg.com 949-276-8850 ph 949-276-8855 fx To: JOHN BESHAY CITY OF BALDWIN PARK 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 PH: 818-813-5245 Fax 962-2625 Job/Project Name: BALDWIN PARK-RAMONA INTERSECTIONS Remarks: CREDIT CARDS ARE ACCEPTED - VISA, MASTERCARD, AMEX QUOTED OUT PER CITY OF BALDWIN PARK & 2010 NON -REVISED CALTRANS SPEC DECO TRAFFIC FLUTED POLES DECO HELIX BASE W/ CITY LOGO DECO LED FIXTURE & SCROLL DECO'S' ARM AND FINIALS VILLAGE FAMILY DESIGN POLE TYPES ARE ESTIMATES BELOW RAMONA & BOGART 2 SCL FLTD TYPE 19 NE & SW SIDE $18,875.00 $37,750.00 2 VALM FLT19-4-100-25'SMA-15"S' LMA-FPGV-DU 2 SCL DECO COMPONENTS T19 2 KING K804 120W LED 2 AB10 A/B FOR 19-4-100 1 SCL FLTD TYPE 24 DECO ASSEMBLY SE SIDE $20,740.00 $20,740.00 1 VALM FLT24-4-100-35'SMA-15"S' LMA-FPGV-DU 1 SCL DECO COMPONENTS T24 1 KING K804 120W LED 1 AB10 A/B FOR 24-4-100 1 SCL FLTD TYPE 26 DECO ASSEMBLY NW SIDE $23,535.00 $23,535.00 1 VALM FLT26-4-100-40'SMA-15' 'S' LMA-FPGV-DU 1 SCL DECO COMPONENTS T26 1 KING K804 120W LED 1 AB10 A/B FOR 26-4-100 2 SCL FLTD TYPE 15TS DECO ASSEMBLY $7,885.00 $15,770.00 2 VALM FLT15TS-15' 'S' LMA-FPGV 2 SCL DECO COMPONENTS T15TS 2 KING K804 120W LED 2 AB10 A/B FOR 15TS 2 SCL FLTD TYPE 1A POLE EACH CORNER $2,595.00 $5,190.00 2 VALM FLT1A-10'-FPGV 2 SCL DECO COMPONENTS Page 1 of 3 Quote # 888-8153 - BALDWIN PARK-RAMONA INTERSECTIONS Date: 11/21/2019 Page 2 2 ®sc AB10 A/B FOR 1-A 2 FLTD PPB POLE (CENTER MEDIAN $1,495.00 $2,990.00 2 DECO COMPONENTS 2 A/B FOR PPB SUBTOTAL - RAMONA & BOGART $105,975.00 RAMONA & MAINE 2 dB FLTD TYPE 26 DECO ASSEMBLY NE & SW SIDE $24,170.00 $48,340.00 2 FLT26-4-100-45'SMA-15'S'LMA-FPGV-DU 2 DECO COMPONENTS T262 K804 120W LED 2 A/B FOR 26-4-100 2 FLTD TYPE 29 DECO ASSEMBLY SE & NW SIDE $26,875.00 $53,750.00 2 VALM FLT29-5-100-55'SMA-15' 'S' LMA-FPGV-DU . -----SGL -E}EGO,GOM GN � 2 KING K804 120W LED 2 AB10 A/B FOR 29-5-100 4 SCL FLTD TYPE 15TS DECO ASSEMBLY (EACH CORNER $7,885.00 $31,540.00 4 VALM FLT1 5TS-1 5''S'LMA-FPGV 4 SCL DECO COMPONENTS T15TS 4 KING K804 120W LED 4 AB10 A/B FOR 15TS 2 SCL FLTD PPB POLE CENTER MEDIAN $1,495.00 $2,990.00 2 SCL DECO COMPONENTS 2 AB10 A/B FOR PPB SUBTOTAL - RAMONA & MAINE $136,620.00 RAMONA & CESAR CHAVEZ 1 SCL FLTD TYPE 17 NW CORNER $17,340.00 $17,340.00 1 VALM FLT17-3-100-20'SMA-15'S' LMA-FPGV-DU 1 SCL DECO COMPONENTS T17 1 KING K804 120W LED 1 AB 10 A/B FOR 17-3-100 1 SCL FLTD TYPE 19 SW SIDE $19,155.00 $19,155.00 1 VALM FLT19-4-100-30'SMA-15'S' LMA-FPGV-DU 1 SCL DECO COMPONENTS T19 1 KING K804 120W LED 1 AB10 A/B FOR 19-4-100 1 SCL FLTD TYPE 26 DECO ASSEMBLY NE SIDE $24,170.00 $24,170.00 1 VALM FLT26-4-100-45'SMA-1 5''S' LMA-FPGV-DU 1 SCL DECO COMPONENTS T26 1 KING K804 120W LED 1 AB10 A/B FOR 26-4-100 , r- SCL FLTD TYPE 15TS DECO ASSEMBLY (NE CORNER $7,885.00 $7,885.00 Page 2 of 3 Quote # 888-8153 - BALDWIN PARK-RAMONA INTERSECTIONS Date: 11/21/2019 Page 3 1 VALM FLT15TS-15' 'S'LMA-FPGV 1 SCL DECO COMPONENTS T15TS 1 KING K804 120W LED 1 AB10 A/B FOR 15TS 3 SCL FLTD PPB POLE (1 CENTER MED & REPL 2 $1,495.00 $4,485.00 EXIST 3 SCL DECO COMPONENTS 3 AB10 A/B FOR PPB SUBTOTAL - RAMONA & CESAR CHAVEZ $73,035.00 1 TAX TOTAL TAX 10.00% $22,802.10 $22,802.10 1 SCL DECO TYPE 61 POLE ASSEMBLY - 65' SMA $32,775.00 $32,775.00 TOTAL: $371,207.10 KING FREIGHT IS INCLUDED VALM FREIGHT IS ALLOWED ON ORDERS $1,500+ Prices firm for entry by: 30 Das I Shipment by: PER QUOTE Lead Time: 20-22 Weeks **ANCHOR BOLTS SHIPPED PRIOR MAY BE SUBJECT TO A FREIGHT CHARGE NOT TO EXCEED $250.00** **AS OF 11/15/18, NEW TARIFF CHARGE WILL BE GOING INTO EFFECT BY OUR MANUFACTURERS - IT IS INCLUDED ON QUOTE. - PLEASE INCLUDE THE SOUTH COAST LIGHTING QUOTE # ON YOUR PO - PLEASE SEND ORDERS TO: YOUR INSIDE SALES REPRESENTATIVE AND NEWORDER@SOUTHCOASTLIGHTING.COM 1. CITY OF LOS ANGELES PROJECTS THAT ARE QUOTED WILL REQUIRE AT LEAST 25 WORKING DAYS FOR STRUCTURAL CALCS & SUBMITTALS. 2. ALL OTHER PROJECTS THAT ARE QUOTED, WHICH ARE CONSIDERED SMALL, WILL REQUIRE 10 DAYS OR LESS FOR STRUCTURAL CALCS & SUBMITTALS. 3. ALL OTHER PROJECTS THAT ARE QUOTED, WHICH ARE CONSIDERED LARGE, WILL REQUIRE 20 DAYS OR LESS FOR STRUCTURAL CALCS & SUBMITTALS. 4. SOUTH COAST LIGHTING & DESIGN, INC (SCL) OR ITS MANUFACTURERS WILL NOT ASSUME RESPONSIBILITY IF YOU DO NOT VERIFY YOUR WRITTEN REQUEST WITH THIS QUOTED BILL OF MATERIALS. 5. SALES TAX IS NOT INCLUDED UNLESS STATED ON QUOTE. IF SALES TAX IS TO BE ADDED AT TIME OF THE ORDER THEN A NEW QUOTE WILL BE ISSUED. 6. THIS QUOTATION IS SUBJECT TO MANUFACTURER'S TERMS AND CONDITIONS. 7. THIS QUOTATION IS MADE WITHOUT BENEFIT OF COMPLETE PLANS AND SPECIFICATIONS. IT IS YOUR RESPONSIBILITY TO INSURE THIS QUOTE ACCURATELY REPRESENTS YOUR BILL OF MATERIAL. IF A SUBSTITUTION IS QUOTED, SCL WILL NOT GUARANTEE APPROVAL UNLESS STATED ON THE QUOTE. THE QUOTE IS BASED ON PART NUMBERS. 8. ANY CHANGES WILL REQUIRE A NEW QUOTE. IF THE COMPLETE QUOTE IS NOT USED THEN A NEW QUOTE WILL BE NEEDED. 9. A SEPARATE P.O. MAY BE REQUIRED FOR EACH MANUFACTURER AT TIME OF THE ORDER. SOUTH COAST LIGHTING WILL COORDINATE ALL DELIVERIES TO OCCUR WITHIN A 30 DAY TIME FRAME. 10. SOURCE INSPECTIONS OR OUT OF STATE INSPECTION CHARGES ARE NOT INCLUDED UNLESS SPECIFICALLY SPELLED OUT ON THIS QUOTE. THESE CHARGES ARE THE RESPONSIBILITY OF OTHERS. 11. CAL -TRANS PROJECTS WILL REQUIRE DESIGN YEAR, LUMINAIRE MAST ARM LENGTH, SIGNAL MAST ARM LENGTH, TENON LOCATIONS, ETC., ETC., PRIOR TO ORDER. ORDERS CANNOT BE RELEASED WITHOUT THIS INFORMATION. 8.3 REQUIREMENTS ARE NOT INCLUDED UNLESS STATED ON THIS QUOTE. 12. LAMPS, PHOTOCELLS, FUSES, SPARE PARTS, OR SPECIAL PRODUCT REQUIREMENTS ARE NOT INCLUDED UNLESS STATED ON QUOTE. 13. ACCEPTANCE OF ORDER IS CONTINGENT UPON CREDIT APPROVAL. 14. THE RESPONSIBILITY OF SETTING UP ANY AND ALL INSPECTIONS WITH THE CITY OF LA OR ANY OTHER CITIES REQUIRING INSPECTIONS, IS UP TO THE ELECTRICAL OR GENERAL CONTRACTOR AND IS NOT THE RESPONSIBILITY OF SCL & MFG. IF THE CONTRACTOR WOULD LIKE SCL TO HELP ARRANGE THESE INSPECTIONS, SCL WILL NEED A WRITTEN LETTER AUTHORIZING US TO DO SO. ANY AND ALL COSTS ABOVE ANY ALLOWANCE GIVEN IN A QUOTE ARE THE RESPONSIBILITY OF THE CONTRACTOR. 15. FREIGHT ALLOWED QUOTES INCLUDE TWO HOURS OF OFFLOADING TIME. ADDITIONAL CHARGES AT $200 PER HOUR APPLY IF DELIVERY OFFLOADING TIME EXCEEDS THE MAXIMUM TWO HOUR LIMIT. 16. IF ANY TEMPORARY LIGHTING IS REQUIRED DUE TO A DELAY, IT WILL NEED TO BE DISCUSSED PRIOR. SOUTH COAST OR ANY OF ITS MANUFACTURERS WILL NOT PAY FOR ANY LABOR OR THE COST OF MATERIAL WITHOUT PRIOR APPROVAL. 17. IF A DETAIL -U IS REQUIRED, THERE MAY BE AN ADDER FOR IT; PLEASE INQUIRE WITH YOUR SALESMAN OR INSIDE ASSOCIATE FOR THE ADDER. Printed: 11/21/19 23:35:09 Per: Matt Keller Email: mattk@southcoastlighting.com Page 3 of 3 ITEM NO. STAFF REPORT UGABRIEL 1-i- LTO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works �DATE: December 4, 2019 oaSUBJECT: Accept and Authorize the Filing of a Notice of Completion for City Project No. 2018-0273, CIP No. 19-113 — Walnut Creek Nature Park Improvements, Phase III SUMMARY This item will accept completed work for City Project No. 2018-0273 - Walnut Creek Nature Park (WCNP) Improvements, Phase III, close the contract with CEM Construction Corp. and authorize a filing of a Notice of Completion (NOC) with the County Recorder's Office. This project is the third and final phase of improvements to WCNP. The Project consisted of grading the northwest area of the ' park, constructing extended concrete path, ADA improvements and parking lot reconstruction. The project also installed new playground equipment, fitness zones, landscaping, irrigation, and solar powered lighting. The project was funded by grant funds sponsored by Assemblywoman Blanca Rubio's Office and administered by the California Natural Resources Agency (CNRA). RECOMMENDATION It is recommended that the City Council• 1. Accept the construction improvements by CEM Construction Corp. and authorize the recordation of a Notice of Completion; and 2. Authorize Staff to release retention funds to CEM Construction Corp. upon the expiration of the 35 -day notice period; and 3. Authorize the Finance Director to appropriate $33,294.19 from Quimby Fund 234. PFI:SCAL IMPACT This project is funded with grant funds; no General Funds were used. Grant Funds are from the California Natural Resources Agency (CNRA) will be utilized for this project as follows: Approved Budget rnoti CIP-19-113 CNRA Grant — Acct# 270-50-520-58100-16185,, . $758,134.81.. Change Orders $70,300.00 Housing Related Parks Grant — Acct# 270-60-620-58100-16185 $78,169.0.0. Total Project Costs $963,310.00 Pro A — Acct# 244-50-520-58100-16185 $13,712.0:0, Measure M — Acct# 255-50-58100-16185 $80,000.00, Total Approved Funds $930,015.81 Additional Appropriate Request Amount Quimby Funds I Fund# 234 $33,294.19 Total Appropriation $33,294.19 Construction Budget Construction Contract $893,010.00 Change Orders $70,300.00 Total Project Costs $963,310.00 BACKGROUND On February 18, 2015, the City Council approved the final conceptual design prepared by Restoration Design Group for improvements to Walnut Creek Nature Park. At that meeting, it was recognized that due to lack of funding to complete all the recommendations in one phase, the project was to be divided into three (3) phases. On December 16, 2015, the City Council awarded a contract for the first of three planned phases of construction. Phase 1 improvements included grading of the existing swale, installation of an irrigation system, concrete walking path, expanded bio-swale, installation of trees, lighting, and parking lot improvements. On April 20, 2016, the City Council accepted the completed improvements for Phase L On August 3, 2016, the City Council awarded a construction contract for Phase II of the improvements. Phase II included of grading for planting of trees, shrubs and plants, expansion of the irrigation system, concrete walking path, improvements to the observation structure including installation of new roof, new concrete flooring and new deck and fencing. Other improvements include installing 2 ADA accessible parking stalls, construction of an ADA pedestrian bridge, and the construction of 2 new play areas. On March 15, 2017, the City Council accepted the improvements for Phase II. On July 18, 2018, City Council authorized an agreement for professional services to Restoration Design Group (RDG) for the construction plans and specifications for the third and final phase for the WCNP Project. Phase III included grading the northwest portion of the park, installing new playground equipment, ADA improvements, fitness nodes, landscaping, irrigation, extended trail, lighting, cameras, parking lot reconfiguration and reconstruction. On May 20, 2019, the City Council approved a construction contract with CEM Construction Corp. as the responsible, responsive, low bidder. On September 4, 2019, City Council authorized additional funds from savings realized from the Morgan Park Improvements Project in the amount of $23,094.81. DISCUSSION The Project consisted of grading the northwest area of the park, constructing extended concrete path, ADA improvements and parking lot reconstruction. The project also installed new playground equipment, fitness zones, landscaping, irrigation, and solar powered lighting. The project was funded by grant funds sponsored by Assemblywoman Blanca Rubio's Office and administered by the California Natural Resources Agency (CNRA). With a total construction budget of $893,010.00 plus an additional 6% for contingency, the budget did not cover the total construction cost due to several changes addressing unforeseen work items. This additional work was necessary to complete the project on schedule for the park's re -opening. Change orders were executed for additional grading and excavation work not originally anticipated. Also, a change order to install fiber communications leading to the structure for future security camera infrastructure was executed. This was done at this time so that the finish grading work will not be disrupted and to reduce future cost. Lastly, staff decided to move forward with the refurbishment of the access gate to the park along Hensel Street. This work restored function to the gate so that the Police Department can easily surveil and patrol. A summary of all change orders is detailed below: The total construction costs were $963,310.00 including change orders shown above. To complete the project close-out an appropriation of $33,294.19 from unappropriated Quimby funds is required. Staff recommends that the City Council approve the appropriation and accept the improvements and authorize staff to file a Notice of Completion. LEGAL REVIEW Not Required. ATTACHMENTS Notice of Completion Chan a Orders Amount 1 Removal of Cameras credit $10,000.00 2 Soil removal, grading, and re -compaction $45,400 3 Electrical Conduit for Hensel Gate 75'w/ pull boxes $4,000 4 Trees and Curbs removal due to shade structure pole relocations $6,500 5 Conduit for FiOS Communication 220'w/ pull boxes $9,400 6 Additive Alternate for Hensel Gate Rehabilitation $15,000 Total Project Costs $70,300 The total construction costs were $963,310.00 including change orders shown above. To complete the project close-out an appropriation of $33,294.19 from unappropriated Quimby funds is required. Staff recommends that the City Council approve the appropriation and accept the improvements and authorize staff to file a Notice of Completion. LEGAL REVIEW Not Required. ATTACHMENTS Notice of Completion Attachment 1 Notice of Completion RECORDING REQUESTED BY: CITY OF BALDWIN PARK WHEN RECORDED MAIL TO: Name CITY OF BALDWIN PARK Address 14403 E. Pacific Avenue Baldwin Park State, Zip CA, 91706 For the City of Baldwin Park and was ACCEPTED by City Council on November 20, 2019 APN: NSA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: City Project No. 2018-0273, CIP No. 19-113 Walnut Creek Nature Park Improvements, Phase III for the City of Baldwin ACCEPTED by City Council on December 4 20.19. 2. The FULL NAME of the OWNER is City of Baldwin Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue, Baldwin Park, CA 91706 4. The work of Improvements on the property hereinafter described was COMPLETED on November 14, 2019 5. The work of improvement completed is described as follows: Grading, new playground equipment, ADA improvements, fitness node, landscaping, irrigation, extended concrete pathway, lighting, 6. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is CEM Construction Corporation 7. The street address of said property is 701 Frazier Street, Baldwin Park, CA 91706 The undersigned, being duly sworn Engineering Official of the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. By: City of Baldwin Park John Beshay, Engineering Manager Date: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date �i of Baldwin Park Place of Execution Signature: Sam Gutierrez, Director of Public Works STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: December 4, 2019 SUBJECT: Approval of a Design -Build Contract with Outdoor Dimensions LLC for Design -Build Services for Upgrades to the Existing Park Signs at Morgan Park and the Baldwin Park Teen Center SUMMARY This report seeks City Council consideration for approval of a Design -Build Agreement with Outdoor Dimensions LLC to prepare conceptual plans; construction cost estimates, drawings & specifications; and to construct all required architecture upgrades to the existing structures, installation of digital video board displays and adjacent up -lighting improvements to the signs located at Morgan Park and the Baldwin Park Teen Center. RECOMMENDATION It is recommended that the City Council: 1. Authorize the Mayor and City Clerk to execute a Design -Build Agreement with Outdoor Dimensions LLC to complete the design, fabrication and installation of the signs, including new electrical video board displays in the amount of $230,000; and 2. Authorize the Director of Finance to make appropriations in the amount of $100,000 from Fund 200 (Future Development Fund) to Acct.# 200-60-620-58100-16212 and $70,000 from Fund 234 Park Fees (Quimby Fees) to Acct.# 234-60-620-58100-16212. FISCAL IMPACT The following table lists approved funds for the project which is listed in FY 2019-20 #CIP20-88. The project requires an appropriation from the Future Development Fund as a pass-thru payment from Bulletin Displays, Inc. as part of a Development Agreement to provide the City with two digital display signs. To complete the estimated project cost in the amount of $250,000, an additional appropriation from Quimby Fees Fund 234 is necessary. The budget summary is as follows: CIP20-88 I Park Fees(Quimby Fees — Acct. #234-60-620-58100-16212 $80,000 Total Approved Funds $80,000 Design -Build Contract $229,997.88 Contingency $20,002.12 Total Construction Cost $250,000.00 BACKGROUND Pursuant to SB 785, which went into effect January 1, 2015, design -build contracts combine professional design services and construction services into a single contract for the local agencies. Design -build contracting can systematically reduce the project schedules by allowing early construction to begin while design is continuing on other components. Changes related to requests for information (RFI), seeking clarification of ambiguities throughout the design plans, are eliminated because the details of the design are the responsibility of the design -builder. The Park Signs at Morgan Park and the Teen Center serve to provide the public with information and news about the City's programs and events. Both signs are placed prominently at the gateway entrances to the parks. Over the years, the signs have weathered and endured significant wear and tear and are in need of refurbishment. In Particular, the electronic video boards are comprised of obsolete technology that does not hold up well to today's standards. The goal of this project is to upgrade these existing park signs to the latest available digital display technology and to make improvements to the structures for a more distinctive and modern aesthetic. The proposed work will include architectural upgrades and incorporate new high-resolution electronic digital video displays. Refurbishment work will include adding decorative cap, stacked stone veneer, re -stucco of existing structure, extruded metal lettering and accent lighting. The proposed improvements of these signs were developed in conjunction with the proposed Downtown Beautification initiative that incorporates a collection of several Capital Improvement Projects (CIP) focused on enhancing the City's Downtown area to create a visual representation of the Baldwin Park community. This is in-line with the City Council's goals and objectives that call for the development of a city-wide branding plan that incorporates standard design elements with a unifying theme that reflects the image of Baldwin Park. DUSCUSSION A Request for Proposal (RFP) was sent out for design -build services to prepare conceptual plans; construction cost estimates, drawings & specifications; and to provide all required upgrades to the existing signs at the Morgan Park and Baldwin Park Teen Center. Two (2) firms submitted proposals and their fees are follows: The two (2) proposals were reviewed and evaluated by a panel of three staff members using a selection process that included the evaluation of the consulting firms' work methodology, estimated project completion time, past experience, and cost. Upon evaluation of the proposals by the selection committee, Outdoor Dimensions LLC was deemed as the most qualified to meet or exceed the City's requirements and expectations for various levels of qualification and cost as well as approaches and methodology that best fits the City's needs. Outdoor Dimensions LLC detailed scope of work will include the following tasks: New "high-resolution" electrical video board displays • Stacked stone veneer • Re -stucco of existing structure • New up -lighting system • Project specifications • Plans and technical assistance The project is tentatively scheduled to be completed by end of February. ENVIRONMENTAL REVIEW The subject upgrades of the existing Marquee Signs Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. ALTERNATIVES 1. The City Council may choose not to enter into a Design -Build Agreement with Outdoor Dimensions LLC and direct staff to circulate a Request for Proposal (RFP) for services. This option will delay the overall project schedule. 2. Provide Staff with alternate direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Design- Build Agreement with Outdoor Dimensions LLC. 2. Conceptual Design of the proposed Park Signs. Attachment 1 Design Build Agreement DESIGN BUILD AGREEMENT THIS AGREEMENT is made and entered into this 4" day of December, 2019by and between the City of Baldwin Park, ("City"), and Outdoor Dimensions LLC ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A" (the "Services") and complies with Exhibit "C" (Construction Contract) 2. COMPENSATION. City shall pay Consultant for the Services pursuant to the terms of this Agreement and the schedule and milestones set forth in Exhibit "B" at a not -to -exceed compensation amount of Two Hundred Twenty -Nine Thousand Nine Hundred Ninety -Seven Dollars and Eighty -Eight Cents $229,997.88 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices and pursuant to the schedule set forth in Exhibit B. In the event that Consultant's performance of Services is delayed for any reason, City may elect to extend this Agreement on a month-to-month basis. Unless otherwise agreed by the Parties, such extensions shall not entitle Consultant to any further compensation. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. However, the City acknowledges and agrees that any services provided by Consultant will be unique to Consultant and City will not take Consultant's work product or any portion thereof to be completed, fabricated, installed, or otherwise used in any way without specific written permission from Consultant. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and C-1 ensuring that all services provided hereunder conform to such laws. However, City shall inform Consultant of any specific rules or permitting requirements that may impact Consultant's services or delivery of work product. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. H. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's C-2 ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement, but specifically excludes any and all intellectual property rights to these documents and other material. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant. Any reuse by City shall be for informational purposes only and cannot be used to create or provide any of the Services listed in Exhibit A 12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Consultant only for work performed and expenditures made in the course of rendering Services by Consultant up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any C-3 subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT (B) City of Baldwin Park Att.: Sam Gutierrez 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ex. 460 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "22" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK Manuel Lozano, Mayor Dated: CONSULTANT: Outdoor Dimensions LLC By: Printed Name: Title: Dated: ATTEST: C-4 By: Jean M. Ayala, City Clerk Dated: Approved as to form: By: Robert Tafoya, City Attorney Dated: C-5 Attachment 2 Conceptual Design PROPOSAL City of Baldwin Park Bid for Marquee Sign Upgrades Presented to: John Beshay Engineering Manager November 6, 2019 5325 E. Hunter Avenue Anaheim, CA 92807 P: 714-578-9555 www.outdoordimensions.com City of Baldwin Park Bid for Marquee Sign Upgrades Table of Contents Contents Outdoor Dimensions, LLC Proposal INTRODUCTORYLETTER.......................................................................................................................................... 3 FIRM DESCRIPTION, QUALIFICATIONS, SCOPE OF SERVICES................................................................................... 4 FIRM DESCRIPTION, QUALIFICATIONS, SCOPE OF SERVICES (EXCLUSIONS)........................................................... S PROJECTLIAISONS................................................................................................................................................... 6 SUBCONTRACTORS.................................................................................................................................................. 7 MITIGATEDNEGATIVE DECLARATION.....................................................................................................................8 REFERENCE#1......................................................................................................................................................... 9 REFERENCE#2.......................................................................................................................................................10 REFERENCE #3.........................................................11 ...................... K2` €✓E ti# ES Com, SIGN DESIGNS ....................... q .............................................. 12 FEE SCHEDULE ......................x` ......... .........13 PROPOSAL SUPPLEMENTAL....... ..... ..............................................14 City of Baldwin Park Bid for Marquee Sign Upgrades November 6, 2019 John Beshay 14403 E. Pacific Avenue Baldwin Park, CA 91706 Reference: Bid for City of Baldwin Park Marquee Upgrades Dear Mr. Beshay, Outdoor Dimensions, LLC is of Baldwin Park and submits Park and Baldwin Park Teen 2017, we know our services outlined. During our 45 years in WE outdoor advertising. In the • Our scope of servicesMost arm • The organization of oud • Resumes of project liaisons. • References from (3) clients. • Fee schedule. • Supplemental proposal information. Outdoor Dimensions, LLC Proposal INTRODUCTORY LETTER n our partnership with the City le upgrades at both Morgan ent that we completed in and timeframe you've itectural signage and Again, we thank you for the opportunity to submit our proposal on this project. If you need any additional information or clarification, please reach out to Teresa Moe, Account Executive; her contact information is contained within. Sincerely, Brian Pickier President City of Baldwin Park Outdoor Dimensions, LLC Bid for Marquee Sign Upgrades Proposal FIRM DESCRIPTION, QUALIFICATIONS, SCOPE OF SERVICES Over the past 45 years, Outdoor Dimensions, LLC has become a market leader throughout California in architectural signage and outdoor advertising. With over 110,000 sq. ft. of space in Anaheim, we design, fabricate and install high-quality signs and sign packages including but not limited: Exterior & Electrical Permitted electrical and non -electrical monuments, blade signs, and channel letters. We handle design, engineering, and permitting of outdoor signage. Banners, flags, fence s, wi signage needs. Our field of work includes: Government • Institutional • Retail • Residential • Healthcare • Commercial and Industrial can support any temporary Our full-service organization has a workforce of 212 individuals that specialize in design, permitting, custom manufacturing, installation, and maintenance. The executive team includes President, Brian Pickler, and CEO, Boyd Goodson. In addition to our executive team, we have a leadership team comprised of vice presidents, managers, and supervisors totaling 15 that oversee the administrative, production, and installation workforce. Active Baldwin Park Business License #1001750 City of Baldwin Park Outdoor Dimensions, LLC Bid for Marquee Sign Upgrades Proposal FIRM DESCRIPTION, QUALIFICATIONS, SCOPE OF SERVICES (EXCLUSIONS) The following items reference section 7.0 Scope of Service of the RFP. 7.0 Scope of Service C. Conduct a utility search for all utilities within the project limits. Review the location of existing utilities, surface and subsurface structures and proposed improvements. If the proposed improvements interfere with existing utilities, the Consultant and/or Contractor shall arrange to have potholes taken by the utility company. The Consultant and/or Contractor shall provide the City copies of all utility correspondence with the completed construction document submittal. Preliminary utility Notice and final utility notice are required for the proposed projects. Outdoor Dimensions, LLC will not perform any services related to utilities for this project. Cl. It is the City's intention to edition) and the Standard PI City standard specifications referenced standard plans fr • Since this pr be cosmetic, CII. Revise and/or change pla plans by affected utilities or bft- revisions shall be completed in shall not result in any increase in arks Construction (latest on), in conjunction with the shall provide copies of , this is considered to sult of review of the signed and specifications. Such ize construction delays and • This is not part of the scope of services provided by Outdoor Dimensions, LLC CIII. The Consultant and/or Contractor shall provide technical assistance to staff and clarification to bidders should any questions arise during the bidding period. Should any changes be required to the plans and/or specifications during this phase, the Consultant and/or Contractor shall make the necessary changes and provide those changes in the specifications or plans in a timely manner so that the City can issue an addendum. • Outdoor Dimensions, LLC will provide design and cost for producing the signs but shall not consult with other firms to produce the signs. City of Baldwin Park Bid for Marquee Sign Upgrades TERESA MOE — PROJECT LIAISON Senior Account Executive Teresa Moe, Senior Account Executive, has been with Outdoor Dimensions, LLC for 21 years. During her tenure, Teresa has built a solid reputation of exceeding client expectations from initial design all the way through the installation of projects. Some of Teresa's clients include: • Baldwin Park • The City of Irvine • Lennar Homes • Integral Communities • New Home Company Outdoor Dimensions, LLC Proposal PROJECT LIAISONS Outside of the office, Teresa is a mother of a 17 -year-old son who is in the band and plays the trumpet. He is graduating in 2020 and they have recently started to apply to local and out-of- state colleges. Teresa herself hopes he follows in her footsteps and attends Fresno State University and attends her alma mater. JOHNNY MARTINEZ — ELECTRICAL FOREMAN Johnny Martinez is a C45 Oversight Supervisor with Outdoor Dimensions, LLC. He has been with the company for 7 years. KYLE KECK — PROJECT MANAGER Kyle Keck is a Project Manager with Outdoor Dimensions, LLC. He has been with the company for 2 years. City of Baldwin Park Bid for Marquee Sign Upgrades Outdoor Dimensions, LLC Proposal SUBCONTRACTORS Outdoor Dimensions, LLC will self -perform on this project and will not require the assistant of any subconsultant and/or subcontractor. City of Baldwin Park Outdoor Dimensions, LLC Bid for Marquee Sign Upgrades Proposal MITIGATED NEGATIVE DECLARATION Negative and/or Mitigated Negative Declaration, and EIRs are not with the scope of services provided by Outdoor Dimensions, LLC. City of Baldwin Park Bid for Marquee Sign Upgrades Outdoor Dimensions, LLC Proposal REFERENCE #1 ORANGE COUNTY GREAT PARK Gregg Gipe Address: 1 Civic Center Plaza, Irvine, CA 92606 Phone: 949-724-7372 NOTE: This project is currently under construction. 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LON"All LKVM LANDSCAPE DITAIts LRXNAX HOMES - CUSTAL 0VWOX City of Baldwin Park Bid for Marquee Sign Upgrades Outdoor Dimensions, LLC Proposal SIGN DESIGNS orb r N NR O FC 70 N m cn cn -v vCA p O t `° `° moo, OR D o n C3 C -{ m v m o' x y m m g z Gy 0 0 ro 0 0 a 0, o m a o aP o - - 3 m W m z y tC W m Cl) Cn -V -v 6 m 3 m S O C7 n y C/) 3 R7 D 0 CD m co m r m .6. h o O O co --I �-CD O co m W W S _ m City of Baldwin Park Bid for Marquee Sign Upgrades Outdoor Dimensions, LLC Proposal FEE SCHEDULE City of Baldwin Park Outdoor Dimensions, LLC Bid for Marquee Sign Upgrades Proposal PROPOSAL SUPPLEMENTAL 3351", m D m 2-0 0 � C mm rm m C <a _y O O Z Mw Z o W C C1 C O O r D v D Z m r y io C') C') m cn En O O O 7) O mrn r O m rn 0 m r - m A O 1i W m 20'-1"OA HT. 121&' �4 4• u a i 4r31^4' mm m T mm mai 5 z -z Oma Oboes S N RaAD �1 CW O O i M2 AOG ZD C� >DI �aC Z � � A S N 4'4" 55" -.r a Crl F o IS u 2-0 0 � C mm rm m C <a _y O O Z Mw Z o W C C1 C O O r D v D Z m r y io C') C') m cn En O O O 7) O mrn r O m rn 0 m r - m A O 1i W m 20'-1"OA HT. 121&' �4 4• u a i 4r31^4' `m T mm D� mai 5 z -z Oma Oboes S N RaAD O�p N-{ CW N N �C NZ _ Z C WO AOG ZD C� >DI �aC � < r A S N 4'4" 55" -.r a Crl F o IS u � lr' z m a ■ ^com"H .-m Dz oA A. 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CD m D iO wo aoo < i v00 IT ym �K ia A A jD oa. ir v CDCO) 7 W C W •CG R ,•j C J(5 m m W C 'm z DA d d ;a O o 7 (ND N �% W W O �. D mN T z m W m a �_ a c' g o A a. o v CD f0 C CD m O D K C O' p_ y N N N A O T O A W - O ]. O m m W << .Z W O m m D) CT ao O) O N p ,tai (o A 0 Q n � n 3 rr 7 � S < n a 3 .�^�y' < F o Q m o o F s�3y H a =a a o A O '.S v .R 3 -Ooo nfcnz ��t0 a �S s3�4Y Aaom?<�'g3s0 All a � m c IRw 2y , m 0 z oz O C co m a m m 0 mm a 3 Cl z c 3 m Outdoor Dimensions LLC 5325 E. Hunter Ave. Anaheim, CA 92807 (714) 578-9555 Fax (714) 693-9578 Bill To: CITY OF BALDWIN PARK ATTN: DIVISION OF PROCUREMENT & CONTRACTS 1727 30TH ST, MS -65 SACRAMENTO, CA 95816 Quote Q109401 Date 11/20/2019 Page: 1 Project: CITY OF BALDWIN PARK MORGAN PARK 4100 BALDWIN PARK BLVD BALDWIN PARK, CA 91706 P.O No. Customer ID Salesperson ID Ship Method Terms MasterNo. CITBAL TERESA M BEST WAY NET 30 19,720 Item No. Quantity Description 2SGN 1 STONE Produce stone around existing stucco per layout ELC.1.2. 2SGN 1 ALUMINUM SIGN Produce new aluminum face with "City Of Baldwin park" vinyl copy and silkscreen logo 2ELC 1 ELECTRICAL SIGN 6MM Produce new video board per layout ELC.1.2. 2LBR 1 IN-HOUSE LABOR Labor to refurbish Morgan Park Structure with new paint and add poles to raise structure 3ELC 1 LABOR FOR ELECTRICAL SIGNS Install and refurbish sign per layout attached, Labor to remove existing morgan park structure and bring back to O.D. *Crane Required* CAF 1 ADMIN/COMPLIANCE/CERTIFIED PAYROLL FEE Unit Price Ext. Price $11,432.15 $11,432.15 $1,156.32 $47,441.97 $9,690.92 $35,000.00 $2,276.05 Prices are valid for 45 days from the date of this contract Initial By: Sales Total Date: Deposit: Tax The above items are required () working production days The above prices do not include permits or permitting labor/fees unless noted Total Due $1,156.32 $47,441.97 $9,690.92 $35,000.00 $2,276.05 $106,997.41 $0.00 $106,997.41 Outdoor Dimensions LLC 5325 E. Hunter Ave. Anaheim, CA 92807 (714) 578-9555 Fax (714) 693-9578 Bill To: CITY OF BALDWIN PARK ATTN: DIVISION OF PROCUREMENT & CONTRACTS 1727 30TH ST, MS -65 SACRAMENTO, CA 95816 Quote Q109396 Date 11/21/2019 Page: 1 CITY OF BALDWIN PARK BALDWIN PARK TEEN CENTER 15010 BADILLO ST BALDWIN PARK, CA 91706 P.O No. Customer ID Salesperson ID Ship Method Terms Master No. CITBAL I TERESA M BEST WAY NET 30 19,720 Item No. Quantity Description 2SGN 1 FAB STRUCTURE Produce square structure to wrap existing poles on site per layout ELC.2.2. attached 2SGN 2 ALUMINUM FACE Produce Aluminum painted panel with "Baldwin Park Teen Center" Vinyl copy per layout ELC.2.2. 2SGN 2 ALUMINUM PANEL W/ COC Produce aluminum panel with "Hilda L Solis Park" C.O.C. per layout ELC.2.2. 2ELC 1 ELECTRICAL SIGN 10MM Produce new D/F video board and fabricate cabinet per layout ELC.2.2. attached 3ELC 1 LABOR FOR ELECTRICAL SIGNS Install and refurbish monument per layout attached CAF 1 ADMIN/COMPLIANCE/CERTIFIED PAYROLL FEE Unit Price Ext. Price $27,028.98 $27,028.98 $1,488.76 $3,463.48 $52,496.27 $31,000.00 $2,570.74 Prices are valid for 45 days from the date of this contract Initial By: Sales Total Date: Deposit: Tax The above items are required () working production days The above prices do not include permits or permitting labor/fees unless noted Total Due $2,977.52 $6,926.96 $52,496.27 $31,000.00 $2,570.74 $123,000.47 $0.00 $123,000.47 Exhibit "C" CONSTRUCTINO CONTRACT City Project NO. CIP20-88 — Upgrades to the Existing Park Signs at Morgan Park and the Baldwin Park Teen Center THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 4 day of December, 2019 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and Outdoor Dimensions LLC (herein "Contractor"). The parties hereto agree as follows: RECITALS A. City requires asphalt concrete pavement, concrete curb extensions, cross gutter, alley intersections, curb and gutter, sidewalk, curb ramps, concrete v -gutter, detectable warning surfaces, root pruning, installing root barriers, adjusting utilities to finished grade, traffic control, construction survey and staking, and traffic striping, signage, marking and curb painting. Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same. B. City desires to have Contractor perform said services on the terms and conditions set forth herein. NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows: 1 . SERVICES OF CONTRACTOR 1.1 Scope of Services — In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Special and Technical Provisions, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. 1.2 Documents Included in Contract — This contract consists of the Notice Inviting Bids and Instructions to Bidders, Bid Documents, Proposal Schedule, Bid Bond (Bidder's Guarantee), Designation of Sub -contractors, Statement of Non -collusion by Contractor, Certification of Principal, Supplemental Information, Specifications, Plans, this Contract Services Agreement, Faithful Performance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers' Compensation Certification, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern. 1.3 Compliance with Law — All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees, and Assessments — Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all sub -contractors' compliance with this Section. 1.5 Familiarity with Work — By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work — The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties — Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all sub -contractors to comply with the provisions of this agreement. 1.8 Additional Services — City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements — Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "A through C' and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "A through C' and any other provisions of this Agreement, the provisions of Exhibit "A through C' shall govern. 1.10 Prevailing Wages Laws — In accordance with Labor Code Section 1770 et seq., the director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the office of the City Clerk and is hereby incorporated in this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices. 2. COMPENSATION 2.1 Contract Sum — For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified in Exhibit "B" herein, (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Progress Payments - Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence—Time is ofthe essence in the performance of this Agreement. 3.2 Schedule of Performance — Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", if any, and incorporated herein by this reference. When requested by the Contractor, the Contract Officer may approve extensions to the time period(s) specified in the Schedule of Performance in writing. 3.3 Force Majeure — The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term — Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. 4. COORDINATION OFWORK 4.1 Representative of Contractor — The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer — The Contract Officer shall be such person as may be designated by the City Manager or City Engineer. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Assignment — The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 4.4 Independent Contractor — Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub -contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, sub -contractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its sub -contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor. 4.5 Identity of Persons Performing Work — Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 Utility Relocation — City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4.7 Trenches or Excavations — Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement. c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance — The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: CONDITIONS: In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of "A" minus or better. This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, California 91706. Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy. The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds. Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the Comprehensive General Liability Insurance $1,000,000 per occurrence (X) (including premises and operations) combined single limit Contractual Liability Insurance Products Liability $1,000,000 limit () Insurance Comprehensive Automobile Liability Insurance $1,000,000 per occurrence (X) (includes owned, non -owned, and hired combined single limit automobile hazard Professional Liability Insurance (providing for a $1,000,000 limit () one year discovery period) Workers' Compensation/Employers' Statutory$1,000,000 per (X) Liability Insurance occurrence CONDITIONS: In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of "A" minus or better. This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the City Engineer, City of Baldwin Park, 14403 East Pacific Avenue, Baldwin Park, California 91706. Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy. The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds. Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements, is indeed authorized to do so by the insurance company. If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its sub -contractor's performance of the work covered under this agreement. Each contract between the Contractor and any sub -contractor shall require the sub- contractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification — Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub- contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents or employees, and in connection therewith: a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', sub -contractors', or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City. d) Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited, to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time. The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub -contractors. 5.3 Labor and Materials, Performance and Warranty Bonds — Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond, a performance bond and a warranty bond, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety — Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. 5.5 Substitution of Securities — Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder. 6. RECORDS AND REPORTS 6.1 Reports — Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records — Contractor shall keep, and require sub -contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents — All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, sub -contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub -contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 7. ENFORCEMENT OF AGREEMENT 7.1 California Law — This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes — In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 7.3 Retention of Funds — Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder. 7.4 Waiver — No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative — Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action — In addition to any other rights or remedies, either party may take legal action, law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages — Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in subsection 6-9 of the Standard Specifications and the provisions of the Contract Specifications. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the scope of services. The City may withhold from any moneys payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination for Default of Contractor — If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees — If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION 8.1 Non -liability of City Officers and Employees — No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest — The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination — Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9. MISCELLANEOUS PROVISIONS 9.1 Notice - Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows: To City: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, California 91706 Attention: City Engineer To Contractor: 9.2 Interpretation — The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment— It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability — In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Hiring of Undocumented Workers Prohibited — Contractor shall not hire or employ any person to perform work within the City of Baldwin Park or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 9.6 Unfair Business Practices Claims — In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or sub -contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.) 9.7 Corporate Authority — The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 9.8 Legal Responsibilities — The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply C-19 with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section. 9.9 Termination for Convenience — The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation: 1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor. 2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover -off. 3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments. 4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement. The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents, which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement ITEM NO. 7 TO: Honorable Mayor and Members of the City Council FROM: Shannon Yauchzee, Chief Executive Officer Laura J. Thomas, Human Resources/Risk Manag DATE: December 4, 2019 SUBJECT: Approval of Employment Agreement with Steven McLean for the Positon of Chief of Police SUMMARY The attached Agreement for Chief of Police ("Agreement") with Steven McLean is presented for approval by the City Council. RECOMMENDATION It is recommended that the City Council approve the Agreement with Steven McLean for the position of Police Chief and direct the Mayor and City Clerk to execute it. FISCAL IMPACT There is no fiscal impact as the annual salary plus benefits is covered by the currently approved fiscal budget. BACKGROUND After going through a recruitment and interview process, the City Council gave the CEO direction to negotiate a contract with Mr. McLean and bring it back to open session for final action. Mr. McLean has the qualifications and experience for this position. If approved, the Agreement will be effective December 8, 2019. The Agreement sets the annual base pay compensation for the Police Chief at Step 2 of the Salary Range, which is $17,525.36 per month. This salary may be amended by mutual agreement of the parties in writing or by City Council Resolution. The Police Chief receives the same benefits provided to other City Directors as set forth in the "Executive Employee Benefit Matrix" attached to the Agreement. The Police Chief is expressly an "At -Will" employee and serves at the pleasure of the City Council. Should the employee be terminated without cause, the Agreement provides for a six-month salary severance pay. Prior to any receipt of any severance pay, the employee must sign a waiver of any future claims against the City. ALTERNATIVES The City Council may choose to go back into closed session for additional negotiations. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Chief of Police Employment Agreement Attachment 1 Chief of Police Employment Agreement AGREEMENT This AGREEMENT is made and entered into by and between the City of Baldwin Park, a general law City (hereinafter "City") and Steven McLean (hereinafter "Employee"). Section 1. Duties a. City agrees to employ Employee as Chief of Police with the responsibility to perform all of the usual and customary duties of a California Chief of Police, including as more particularly set forth in the Baldwin Park Municipal Code and the Police Department Manual, as well as such other legally permissible and proper duties and functions of City Council may from time to time assign (collectively, the "Employment Duties"). b. Employee shall satisfactorily perform the Employment Duties with a high degree of professionalism and shall work the schedule needed to ensure accomplishment of that performance. Employee shall report directly to the City Council with respect to the Employment Duties and shall keep the City Council informed in a timely and reasonable manner. Employee shall receive administrative planning, direction and supervision in accordance with the Municipal Code. c. Nothing contained in this Agreement shall prevent Employee's occasional professional, teaching or related activities, subject to the prior approval of the City Council, which approval will not be unreasonably withheld and only if such activity does not affect Employee's performance of any of the Employment Duties. If approved such outside activities shall not be conducted during regular City business hours or regular Council meetings. Section 2. Compensation/Benefits a. Notwithstanding anything to the contrary in the presently effective City Salary Resolution, for satisfactory performance of all the Employment Duties, Employee's base annual salary shall be $210,304.38 (Step 2). City's payment towards Health Insurance Plan, Cell Phone, and all other Benefits shall be in accordance with the Executive Team Benefits Matrix which may be updated from time to time. b. Employee's base annual salary may hereafter be modified, from time to time as approved by the parties by formal written amendment to this Agreement or by an amended Salary Resolution of the City. Any such modification shall be based on the City Council's annual evaluation of Employee's performance, in consultation with the Chief Executive Officer. The annual evaluation shall be based on criteria determined by City Council and CEO in consultation with Employee. c. City shall provide the Employee all fringe benefits as are now, and as may hereafter be given to all department heads of the City, as detailed in the attached "Executive Employee Benefit Matrix." With the exception that Employee shall receive and accrue upon execution of this Agreement, a one time banked 80 hours of vacation. Section 3. Employee is an "AT WILL." "EXEMPT" Employee a. Employee is an "AT WILL," "EXEMPT" employee and shall serve at the pleasure of the City Council and nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Employee for any reason, or no reason at all, with our without cause, at any time, subject only to the provisions set forth in Section 4 of this Agreement. b. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the rights of the Employee to resign at any time from his position. Such resignation shall be in writing and served personally upon the CEO. Section 4. Termination. Waiver and Severance Pay a. In the event the City Council terminates Employee's employment as Police Chief pursuant to this Agreement, and if Employee is not otherwise in breach of the terms of this Agreement, and if Employee executes a written waiver of any and all claims the Employee may have against the City, including, but not limited to a Civil Code Section 1542 waiver, then and only then the City shall pay to the employee a lump sum cash payment equal to six (6) months base salary with no benefits included in the severance calculation ("Severance Pay") to Employee. The City shall be relieved of any obligation to pay Severance Pay if Employee fails to execute a waiver as described above or if Employee is terminated for malfeasance in carrying out the duties obligated under this Agreement or if the Employee is convicted of any illegal act involving moral turpitude or personal gain. Section S. General Provisions a. Attorneys' Fees: It is further understood and agreed that if, at any time, a violation of any term of this Agreement is asserted by any party hereto, that party shall have the right to seek specific performance of that term and/or any other necessary and proper relief, including but not limited to damages, from any court of competent jurisdiction, and the prevailing party shall be entitled to recover its/his/her reasonable costs and attorneys' fees. b. Arbitration: All disputes, claims, complaints, or controversies ("Claims") that Employee may have against the City of Baldwin Park and/or any of its employees, Councilmembers, Mayor, Officers, Directors, or any of its agents (collectively and individually the "City"), including contract claims; tort claims; discrimination and/or harassment claims; retaliation claims; claims for wages, compensation, penalties or restitution; and any other claim under any federal state, or local statute, compensation, regulation, rule, ordinance, or common law, arising out of and/or directly or indirectly related to my application for employment with the City, and/or the terms and conditions of my employment with the City, and/or termination of my employment with the City (collectively "Covered Claims"), are subject to arbitration and must be settled by arbitration pursuant to the terms of this Agreement and will be resolved by Arbitration and NOT by a court or jury. The parties herby forever waive and give up the right to have a judge or jury decide any Covered Claims. California law will apply to any arbitration. The arbitration shall be conducted at JAMS and will be subject to JAMS rules to the extent consistent with California law. The number or arbitrators shall be determined by JAMs or agreement of the parties. The arbitrator may render a judgment on the award and the judgment may be entered in any court in California of competent jurisdiction. c. This Agreement shall constitute the entire agreement between the parties regarding Employee's employment as Police Chief. Any previous agreements, whether in writing or oral, are understood and agreed to by the parties to be null and void and of no legal effect. d. The Agreement can only be modified in writing and only if signed by Employee and approved by the City Council and signed by the Mayor of Baldwin Park. e. This Agreement shall be effective once signed by all parties and the Employee's start date shall be December 8, 2019. CITY OF BALDWIN PARK: Manuel Lozano Mayor ATTEST: Jean M. Ayala City Clerk 3 EMPLOYEE: Steven McLean APPROVED AS TO FORM: Robert Tafoya City Attorney ITEM NO. .;; I tgtu�.� .•r �o- k �i«� 'iri li���l�a' �Uii�- it -, IIi9C3ii" .• ' �. IjNI'10.th i 9�a �iyid �ii ! Ili s iiu= IIIGIi'II usir TO: Honorable Mayor and Members of the City Council FROM: Shannon Yauchzee, Chief Executive Officer Laura J. Thomas, Human Resources/Risk Manager DATE: December 4, 2019 e✓ SUBJECT: Approve Ratification of an Employment Agreement with Carol Averell, Housing Manager SUMMARY Section 33.05 of the Municipal Code gives the Chief Executive Officer (CEO) the hiring authority over the position of Housing Manager, however, the City Council must ratify the contract. Recommendation Staff recommends that the City Council ratify the employment agreement with Carol Averell, for employment as the Housing Manager, and authorize its execution by the Mayor. Fiscal Impact There is no fiscal impact as the annual salary plus benefits is covered by the currently approved fiscal budget. Background After the Housing Manager position became vacant on or around July 31, 2019, the City embarked on a comprehensive hiring and recruitment process for Housing Manager. As a result, Ms. Averell, as a finalist in the hiring process, stood out in terms of her educational background, years of experience working in a local municipality and expertise in housing related activities including section 8, CDBG funds and so on. This position will not only supervise many of the current housing activities, but will maintain direct oversight of the rent stabilization program to ensure compliance with State and Local ordinances. This positon will undoubtedly play a vital role in helping to improve the quality of life for the residents of Baldwin Park. If approved, the Agreement will be effective December 16, 2019. The contract would provide that Ms. Averell starts at step 7 of the salary range for Housing Manager. This salary range is appropriate given that she has well over 19 years of experience working in the housing field which includes supervisory experience. This salary may be amended by mutual agreement of the parties in writing or by City Council Resolution. The Housing Manager receives the same benefits provided to other Unclassified Managers as set forth in the "Unclassified Manager's Employee Benefit Matrix." The Housing Manager is expressly an "At -Will" employee and serves at the pleasure of the Chief Executive Officer and Community Development Director. Should the employee be terminated without cause, the Agreement provides for a three-month salary severance pay. Prior to any receipt of any severance pay, the employee must sign a waiver of any future claims against the City. Alternatives The City Council may choose to go back into closed session for additional negotiations. Legal Review This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Housing Manager Employment Agreement Attachment 1 Housing Manager Employment Agreement AGREEMENT This AGREEMENT is made and entered into by and between the City of Baldwin Park, a general law City (hereinafter "City") and Carol Averell, an individual (hereinafter "Employee"). Section 1. Duties a. City agrees to employ Employee as the Housing Manager with the responsibility of supervising and managing the Housing Division within the Community Development Department under the direction of the Community Development Director and Chief Executive Officer. b. The Employee shall perform other related and necessary duties as required by law and designated by the Community Development Director and Chief Executive Officer c. The Community Development Director and Chief Executive Officer shall establish performance goals and objectives to be met by the Employee as Housing Manager for each year of this agreement. Said objectives shall be established as part of the evaluation process. The Community Development Director and Chief Executive Officer agrees to conduct a performance evaluation after twelve (12) months from the date of employment, and also upon each annual anniversary date of employment. The evaluation shall be conducted in accordance with specific criteria jointly developed and finalized by the Community Development Director, Chief Executive Officer and Employee. The Chief Executive Officer, based upon said evaluation, may award a salary step increase to Employee. Salary increases may be by amendment to this contract or by Resolution of the City Council. d. Employee shall satisfactorily perform the duties of Housing Manager with a high degree of professionalism and shall work the schedule necessary to ensure completion of performance. Employee shall generally report to work during normal business hours except during approved leave. Employee shall not conduct any outside business, or consulting business, except that employee may engage in occasional professional teaching or related duties subject to approval of the Chief Executive Officer, which approval shall not be unreasonably withheld. e. Employee hereby agrees to perform faithfully and to the best of their abilities all the duties pertaining to Housing Manager as may be required by the laws of the City of Baldwin Park and the State of California relating to municipal corporations, and the rules and regulations of the City of Baldwin Park, which are now in force or which may be put in force during the term herein stated, and further shall perform such other tasks and duties as may be designated by the Community Development Director and Chief Executive Officer and 1 that the parties hereto agree that said position as Housing Manager shall be deemed and construed to be a full-time position. Section 2. Terms of Employment a. The Employee's start date and anniversary date of employment is December 16, 2019, and the terms of this agreement shall commence on that date, and shall continue until terminated as set forth in this Agreement. b. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Chief Executive Officer to terminate the service of the Employee as an "at -will" Employee. c. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from this position with City provided Employee gives to City Two Weeks (14 days) written notice prior to the effective date of Employee's resignation, unless the parties otherwise agree. Section 3. Compensation/Benefits a. Commencing December 16, 2019 the Housing Manager's salary shall be Step 7, or $9,318.29 per month as per the salary schedule most recently adopted by the City Council. Said salary may be modified from time to time by an amendment to this Agreement, or amended salary resolution approved and adopted by the City Council. b. Benefits: The City shall provide to Employee all fringe benefits as are in the most recent Unclassified Manager's Benefits Matrix as approved by the City Council. Section 4. Termination, Waiver and Severance Pay In the event the Chief Executive Officer terminates Employee's employment as Housing Manager pursuant to this Agreement, and if Employee is not otherwise in breach of the terms of this Agreement, and if Employee executes a written waiver of any and all claims the Employee may have against the City, including but not limited to, a Civil Code Section 1542 waiver, then and only then the City shall pay a lump sum cash payment equal to three (3) months base salary only, with no benefits included in the severance calculation ("Severance Pay") to Employee. Only base salary will be used to calculate the three months' severance. However, the City shall be relieved of its obligation to pay Severance Pay if Employee is terminated for malfeasance in carrying out the duties obligated under this Agreement or if the Employee is convicted of any illegal act involving moral turpitude or personal gain or if Employee refuses to sign a complete waiver releasing the City of any and all claims the Employee may have against the City. Section 5. General Provisions 1. The text herein shall constitute the entire Agreement between the parties. 2. This Agreement shall be effective upon ratification. 3. This Agreement shall only be modified in writing by the parties, except as salary may be modified by time to time by City Council Resolution. Section 6. Arbitration a. Except as expressly set forth in this section, all disputes, claims, complaints, or controversies ("Claims") that Employee may have against the City and/or any of its officers, directors, employees, and/or agents, including contract claims; tort claims; discrimination and/or harassment claims; retaliation claims, claims for wages, compensation, penalties or restitution; and any other claim under any federal state or local statute, constitution, regulation, rule, ordinance, or common law, arising out of and/or directly or indirectly related to this Agreement and/or termination of this Agreement are subject to confidential arbitration pursuant to the terms of this Agreement and will be resolved by Arbitration and NOT by a Court or jury. The parties hereby forever waive and give up the right to have a judge or jury decide any claims. b. The parties will use Judicial Arbitration and Mediation Services ("JAMS") subject to its then -current employment arbitration rules and procedures (and the then -existing emergency relief procedures contained in the JAMS comprehensive arbitration rules and procedures if either party seek emergency relief prior to the appointment of an Arbitrator), available at www.jamsadr.com, unless those rules and/or procedures conflict with any express term of this Agreement, in which case this Agreement is controlling. c. No arbitration under this Agreement shall be subject to the JAMS Class Action Procedures. d. The arbitration will be heard by a single Arbitrator in the State or Territory where Contractor worked at the time the claim arose. e. The Arbitrator will have the authority to decide a motion to dismiss and/or a motion for summary judgment by any party and shall apply the Civil Rules of Civil Procedure governing such motions. f. The following claims are not covered by this Agreement: a. Worker's compensation benefits, unemployment compensation benefits, claims for benefits under a plan that is governed by the Employment Retirement Income Security Act of 1974 ("ERISA"), and claims which are subject to the exclusive jurisdiction of the NLRB; and b. Any claim that is expressly excluded from arbitration by a governing federal law or by a state law that is not preempted by the Federal Arbitration Act ("FAA") or other federal law. Section 7. Attorneys' Fees and Enforcement It is understood and agreed that if, at any time, a violation of any term of this Agreement is asserted by any party hereto, that party shall have the right to seek specific performance of that term and/or any other necessary and proper relief, including but not limited to damages, from any court of competent jurisdiction, and the prevailing party shall be entitled to recover its/his reasonable costs and attorneys' fees. CITY OF BALDWIN PARK: Manuel Lozano Mayor ATTEST: Jean M. Ayala City Clerk 4 EMPLOYEE: Carol Averell APPROVED AS TO FORM: Robert Tafoya City Attorney ITEM NO. I TO: Honorable Mayor and Members of the City C FROM: Shannon Yauchzee, Chief Executive Officer Laura J. Thomas, Human Resources/Risk M DATE: December 4, 2019 SUBJECT: Approve a Resolution Revising the Comprehensive City of Baldwin Park Pay Schedule to Comply with the State Minimum Wage Increase, And to Reflect Salary Adjustments for All Part - Time Positions, Effective January 1, 2020 and January 1, 2021 SUMMARY This report requests City Council approval of a Resolution to revise the current comprehensive City of Baldwin Park Pay Schedule, adjusting salary ranges and steps for part-time employees to achieve compensation parity and to comply with the California minimum wage increase to be effective January 1, 2020. This report further requests Council approval to comply with the California minimum wage increase scheduled to be effective January 1, 2021, and to revise the comprehensive pay schedule accordingly. RECOMMENDATION Staff recommends that the City Council approve, ratify and adopt: Resolution No. 2019-053 to amend the comprehensive City of Baldwin Park Pay Schedule that would place incumbents who are currently below minimum wage on the appropriate step in accordance with the State's minimum wage requirement, and place part-time employees in the next highest salary step for their position in the new schedule which provides an increase, effective January 2021, and approve compliance with the California minimum wage increase scheduled to be effective January 1, 2021; and 2. Authorize the Finance Director to complete budget amendments and appropriations and make any necessary adjustments. FISCAL IMPACT The estimated additional fiscal impact to the General Fund is approximately $53,565 since the minimum wage increase was already included in the FY 2019-20 Budget. The cost for the 2021 minimum wage increase will be included in the FY 2020-21 Budget. BACKGROUND In 2016, legislation was passed incrementally raising California's minimum wage to $15.00 hourly by 2022. The next increase is legislated for January 2021, bringing the minimum wage to $14.00 per hour. Additionally, effective January 1, 2020, an increase was applied to all part-time positions to provide compensation parity with similar part-time positions in neighboring municipalities, particularly those with large recreational programs. In order to comply with the new minimum wage and CalPERS state law, it is necessary for the governing body to adopt a salary resolution that will be effective January 1, 2020 and January 1, 2021. The attached resolution brings those ranges into compliance. Per CalPERS regulations, any changes to one or more pay rates require a Resolution be presented to City Council for review and approval of such updates as listed in the attachments. These CalPERS requirements are intended to enhance the disclosure and transparency of public compensation by requiring that the pay rates be listed on a single pay schedule or single document. Hence, the attached salary resolution will update the comprehensive pay schedule in January 1, 2020 and update the comprehensive pay schedule effective January 1, 2021. ALTERNATIVES There are no alternatives to the minimum wage request since this action is to comply with a State mandate. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2019-053 approving the minimum wage increase and comprehensive City of Baldwin Park Pay Schedule, effective January 1, 2020 and effective January 1, 2021. Attachment 1 Resolution No. 2019-053 RESOLUTION NO. 2019-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO ADOPT A SALARY RESOLUTION TO ESTABLISH A COMPREHENSIVE PAY SCHEDULE FOR ALL FULL TIME EMPLOYEES, PART TIME EMPLOYEES AND ELECTED OFFICIALS IN ACCORDANCE WITH CALIFORNIA MINIMUM WAGE LAWS AND CALPERS GUIDELINES WHEREAS, California Employees Retirement System (CaIPERS) does require all government agencies to provide and make available to the public the salary of all full-time employees, part-time employees and Elected Officials in a single salary format specified by CaIPERS whenever salary adjustments are made; and WHEREAS, the California minimum wage will be increasing from $12.00 per hour to $13.00 per hour effective January 1, 2020, and to $14.00 effective January 1, 2021, requiring some adjustments to the City of Baldwin Park's current comprehensive pay schedule, attached hereto as Attachment "A"; and WHEREAS, the amended comprehensive pay schedule effective January 1, 2020 would place incumbents who are currently below minimum wage on the appropriate step in accordance with the State's minimum wage requirement and place other part-time employees in the next highest salary step for the position in the new schedule which provide an increase to achieve compensation parity; and WHEREAS, the minimum wage increase shall be effective January 1, 2021 to comply with State law and the comprehensive pay schedule will be revised accordingly; and WHEREAS, the City of Baldwin Park compiled the necessary salary date to create a single salary schedule required in compliance with the requirements of CaIPERS and has attached said report to this resolution as with the date, January 1, 2020 and January 1, 2021. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park adopts CC Resolution No. 2019-053 to make the necessary salary adjustments in accordance with State Minimum Wage Requirements effective January 1, 2021 and January 1, 2022. PASSED, APPROVED, AND ADOPTED this 4t" day of December 2019. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-053 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 4, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. 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Z t z c z Z Z Z 1-1) z t t Z t t t t c Z t t z t O O O O O O 0 0 0 0 O O O O O O O O O O O O O C f0 .0 C y L U - l0 U y l`9 N C U) N O C O E m a _ o u� C y U 0__ N y y 4Q O) N y V w y 'a 0 co tl) _ U N C) -p C C . = i.± DI N (D 0'FaU 7 L N LJJ "' V 0 C- U (D Im y 0) fV M a 6A C- C. N~ '� W M d 6n 0 « C .x N f0 7 U E 0 C E 0= (,) 7 J C O m C C U N E 00 7 f0 CE -?5 0 d2w 7 L 07 E C 7 C E U) CL 2dUd _ 2LLL2¢ In ID Co 0) O r N M It H F CN H F- a aN F- a H a a a a a a a a 0 0 Q % / < LO q 7 $ $ $ n * 4 4 « o & 2 & 2 & & LO q %$$ 't � } J J � CO) $ $ q $ $ Cl) n 't A # 2 2 & 2 & & f $ q \ q 7 2 � 49 J J LO Cl) $ $ q C� C� n n « N & 2 & 2 2 k q f $ $ $ � n n & � 2 2 & & § q q f q q J 2 2 # # # # # # \ k k k a \ � EL /£ $ � k ) / � § g 0 % / < SUMMARY The purpose of this staff report is for City Council to authorize the award of contract with Shaw Integrated Solutions for the replacement of vinyl floor, carpet tiles, and wall carpet the Esther Snyder Community Center as it would be uneconomical to follow purchasing procedures since the supplies are available through an existing award contract and previously completed the bidding process and (ii) the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter 34 section 37 (A). RECOMMENDATION Staff recommends that the City Council: 1.) Waive formal bid procedures per the City's Purchasing Ordinance No. 1101 and Baldwin Park Municipal Code Chapter 34 section 37 (A); and 2.) Authorize Mayor to Execute the Contract with Shaw Integrated Solutions; and 3.) Authorize the Director of Finance to appropriate $2,828 of Quimby funds to cover the additional cost. FISCAL IMPACT The total project amount is $52,900.80 which includes a 5% contingency. The total approved CIP budget amount is $67,000 from the Quimby Fees (CIP20-156, Acct# 234-60-620-58100-16191-$47,000 and CIP20-173, Acct# 234-60-620-58100-16199-$20,000). The project has no fiscal impact to the General Fund budget; the additional amount of $2,828 will come from the Quimby Fees and added to CIP20-156, Acct# 234-60-620-58100-16191 to complete the project. BACKGROUND At their October 2, 2019 City Council Meeting, City Council approved Fiscal Year (FY) 2019-2020 CIP budget, which included a line item under Cost Center 620 for the replacement of partitions, vinyl floor, carpet tile and wall carpet at the Esther Snyder Community Center. Most of the carpet and flooring has reached its life and is showing considerable wear. This project includes removal and disposal of existing carpet, baseboards, wall carpet and surface flooring. The proposed vinyl and carpet tiles are commercial grade and can withhold high traffic use. The installation of the new baseboards, vinyl flooring and carpet tiles to match the existing decor at the Center. The majority of the installation will take place after hours and weekends. These supplies may be purchased under the Sourcewell (formerly National Joint Powers Alliance) Contract Agreement. Sourcewell is a joint powers association for public agencies with legal authority to serve as a contracting agency for municipalities. Staff is requesting to waive the formal bid process to allow staff to procure with a State authorized supplier as per the City Purchasing Ordinance Chapter 34 section 37 (A) that reads as follows; Whenever the Council finds that the public interest and convenience require, the City may purchase City supplies and equipment utilizing purchasing agreements maintained by the County, State, or other public agencies, without complying with the requirements of this chapter. The purchasing ordinance authorizes to "piggyback" since the contract was issued and already went through a bidding process at the time they were selected and made an authorized contractor. LEGAL REVIEW The City Attorney has reviewed and approved it as to form. ALTERNATIVES 1.) Provide alternative direction; or 2.) Approve formal bid procedures for the replacement of the vinyl flooring, carpet and wall carpet. ATTACHMENT 1.) Contract Service Agreement Attachment 1 Contract Service Agreement CONTRACT DOCUMENTS CONTRACT SERVICE AGREEMENT FOR City Project No. 20-153 & 20-173 - Replace Flooring/Carpet and Wall Carpet at Esther Snyder Community Center THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 4th day of December, 2019 by and between the CITY OF BALDWIN PARK, a municipal corporation, (herein "City") and Shaw Industries, Inc., dba Shaw Integrated Solutions (herein "Contractor"). The parties hereto agree as follows: RECITALS A. City requires the construction and furnishing of all labor, material, equipment, services, and incidentals required by the Specifications, and contract documents. The general items of work involve the removal and installation as well as all labor, material, equipment, services, and incidentals required by the Specifications, and contract documents including proposals submitted by Contractor for job #1144685 and #114712. The general items of work involve the installation of vinyl tile, carpet tile and wall carpet at the Esther Snyder Community Center. In addition, provide care training for staff. Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same. B. City desires to have Contractor perform said construction services on the terms and conditions set forth herein. NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows: SERVICES OF CONTRACTOR 1.1 Scope of Services — In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Special and Technical Provisions, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. 1.2 Documents Included in Contract — This contract consists of the Specifications, Designation of Sub- contractors, Statement of Non -collusion by Contractor, Certification of Principal, Supplemental Information, this Contract Services Agreement, Faithful Performance Bond, Labor and Materials Bond, Warranty Bond, Guarantee, Tax Identification Form, Workers' Compensation Certification, and any and all schedules and attachments to it which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern. CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions 1,3 Compliance with Law — All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees, and Assessments — Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all sub- contractors' compliance with this Section. 1.5 Familiarity with Work — By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work — The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work while in its control, and the equipment, materials, papers, documents, plans, studies and/or other components thereof while in its control to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own or a third party's negligence or misconduct. 1.7 Further Responsibilities of Parties — Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all sub -contractors to comply with the provisions of this agreement. 1.8 Additional Services — City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty- five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services C-2 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements — Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Specifications" attached hereto as Exhibit "E" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "E" and any other provisions of this Agreement, the provisions of Exhibit "A through D" shall govern. 1.10 Prevailing Wages Laws — In accordance with Labor Code Section 1770 et seq., the director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the office of the City Clerk and is hereby incorporated in this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices. 2. COMPENSATION 2.1 Contract Sum — For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Fifty thousand three hundred eighty one and 721100 dollars ($50,381.72), (herein "Contract Sum"), except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Progress Payments - Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence — Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance — Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated C-3 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions herein by this reference. When requested by the Contractor, the Contract Officer may approve extensions to the time period(s) specified in the Schedule of Performance in writing. 3.3 Force Majeure — The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term — Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. 4. COORDINATION OF WORK 4.1 Representative of Contractor — The following principals of Contractor are hereby designated as being the representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Shaw Integrated Solutions Attn: Melanie Taylor — SIS Account Manager PO Box 2128, Mail Drop 011-01 Dalton, GA 30721 (p) 770.276.7502 melanie.taylor@shawinc.com It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer — The Contract Officer shall be such person as may be designated by the Director of Recreation & Community Services or Operations Supervisor. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. C-4 A CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions 4.3 Prohibition Against Assignment — The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 4.4 Independent Contractor — Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its sub -contractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, sub -contractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its sub -contractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor. 4.5 Identity of Persons Performing Work — Contractor represents that it employs, will employ, or will contract with at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 Utility Relocation — City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4.7 Trenches or Excavations — Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those W CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement. c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance — The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: CONDITIONS: In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of "A" minus or better. This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Operations Supervisor, City of Baldwin Park, 4100 Baldwin Park Blvd., Baldwin Park, CA 91706. C-6 Comprehensive General Liability Insurance $1,000,000 per occurrence combined single limit (X) (including premises and operations) Contractual Liability Insurance Products $1,000,000 limit () Liability Insurance Comprehensive Automobile Liability $1,000,000 per occurrence combined single limit (X) Insurance (includes owned, non -owned, and hired automobile hazard Professional Liability Insurance (providing $1,000,000 limit () for a one year discovery period) Workers' Compensation/Employers' Statutory $1,000,000 per occurrence (X) Liability Insurance CONDITIONS: In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of "A" minus or better. This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Operations Supervisor, City of Baldwin Park, 4100 Baldwin Park Blvd., Baldwin Park, CA 91706. C-6 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions Any insurance maintained by the City of Baldwin Park shall apply in excess of and not combined with insurance provided by this policy. The City of Baldwin Park, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds. Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements, is indeed authorized to do so by the insurance company. If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secures said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its sub -contractor's performance of the work covered under this agreement. Each contract between the Contractor and any sub -contractor shall require the sub -contractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification — Contractor shall indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any third party person, firm or entity arising or alleged to arise out of the negligent performance of the work, operations or activities of Contractor, its agents, employees, sub -contractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City, its officers, agents, employees, or contractors, and in connection therewith: a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attomeys' fees incurred in connection therewith; C-7 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of Contractor's (or its agents', employees', sub -contractors', or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City. d) Contractor's duty to defend and indemnify as set out in this Section 5.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages arising from a third party claim attributable to injury to persons or property arising or alleged to arise from as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter - Cologne Water Quality Control Act, as any of those statutes may be amended from time to time. The Contractor's indemnification obligations pursuant to this Section 5.2 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all sub -contractors. 5.3 Labor and Materials, Performance and Warranty Bonds — Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond, a performance bond and a warranty bond, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety — Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. c -s CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions 5.5 Substitution of Securities — Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder. 6. RECORDS AND REPORTS 6.1 Reports — Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records — Contractor shall keep, and require sub -contractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Subject to reasonable confidentiality obligations, the Contract Officer shall have full and free access to such books and records at all times during normal business hours of City to the extent reasonably required to confirm Contractor's compliance with its obligations hereunder, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event such any audit is required during such three (3) year period. 6.3 Ownership of Documents All drawings, reports, records, documents and other materials newly developed and prepared by Contractor, its employees, sub -contractors and agents solely in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All sub- contractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 7. ENFORCEMENT OF AGREEMENT 7.1 California Law — This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. C-9 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions 7.2 Disputes — In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 7.3 Retention of Funds — Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder. 7.4 Waiver — No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative — Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action In addition to any other rights or remedies, either party may take legal action, law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Intentionally blank 7.8 Termination for Default of Contractor — If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is C-10 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys' Fees — If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION 8.1 Non -liability of City Officers and Employees — No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest — The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination — Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9. MISCELLANEOUS PROVISIONS 9.1 Notice - Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows: City: City of Baldwin Park 4100 Baldwin Park Blvd. Baldwin Park, California 91706 Attention: Director of Recreation & Community Services Contractor: Shaw Industries, Inc., dba Shaw Integrated Solutions Po Box 2128, Mail Drop 011-01 C-11 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions Dalton, GA 30721 Local Contact: Melanie Taylor 9.2 Interpretation — The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment — It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability — In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Hiring of Undocumented Workers Prohibited — Contractor shall not hire or employ any person to perform work within the City of Baldwin Park or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. 9.6 Unfair Business Practices Claims — In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or sub -contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.) 9.7 Corporate Authority — The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 9.8 Legal Responsibilities — The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor their officers, agents, nor employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section. C-12 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions 9.9 Termination for Convenience — The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation: 1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor. 2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover -off. 3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in . the normal course of his business, and which have not been paid for by City in progress payments. 4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications, which were a part of the Agreement. The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents, which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CONTRACTOR: SHAW INDUSTRIES, INC. By: (Print Name) Signature: Title: Address: By: (Print Name) Signature: Title: Address: CITY OF BALDWIN PARK, a municipal corporation Manuel Lozano, MAYOR C-13 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions ATTEST: APPROVED AS TO FORM: MA Jean M. Ayala, City Clerk Robert N. Tafoya, City Attorney C-14 (Use of City Bond Form is required) CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions FAITHFUL PERFORMANCE BOND PUBLIC WORK (CALIFORNIA) KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Shaw Industries, Inc., dba Shaw Integrated Solutions the Principal and the Obligee have entered into a written contract, hereinafter called the Contract, a copy of which is or may be attached hereto, dated the 4th day of December, 2019 referred to and made a part hereof for: the provision and removal and installation as well as all labor, material, equipment, services, and incidentals required by the Specifications, and contract documents including proposals submitted by Contractor for job #1144685 and #114712. The general items of work involve the installation of vinyl tile, carpet tile and wall carpet at the Esther Snyder Community Center. In addition, provide care training for staff which agreement requires the Principal to provide Obligee with this bond. NOW THEREFORE, we, , as Principal, and , a corporation organized under the laws of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Baldwin Park, as Obligee, in the sum Fifty thousand three hundred eighty one and 721100 dollars ($50,381.72),, lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, and each of his or its sub -contractors shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. C-15 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions IN WITNESS THEREOF, we have hereunto set our hands and seals this 4th day of December, 2019. (Corporate Seal) Principal By Title (Corporate Seal) Surety By Title APPROVED AS TO FORM: City Attorney C-16 CITY OF BALDWIN PARK Page i of z Shaw Industries, Inc., dba Shaw Integrated Solutions (Use of City Bond Form is required) LABOR AND MATERIAL PAYMENT BOND PUBLIC WORK (CALIFORNIA) KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Shaw Industries, Inc., dba Shaw Integrated Solutions as Principal, has entered into a contract dated December 6, 2019, with the City of Baldwin Park (Obligee) referred to and made a part hereof to perform the following work, to wit: the City requires the removal and installation as well as all labor, material, equipment, services, and incidentals required by the Specifications, and contract documents including proposals submitted by Contractor for job #1144685 and #114712. The general items of work involve the installation of vinyl tile, carpet tile and wall carpet at the Esther Snyder Community Center. In addition, provide care training for staff which requires Principal to file this bond to secure claims made under Civil Code Section 3082 et seq. NOW THEREFORE, we, , as Principal, and , a corporation organized under the laws of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Baldwin Park, as Obligee, and all sub -contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of E[flty thousand three hundred eighty one and 721100 dollars ($50,381.72), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub -contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 3181 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub -contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered. As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement, or under the bond, nor, where the C-17 Page i of z CITY OF BALDWIN PARK (Use of City Bond Form is required) Shaw Industries, Inc., dba Shaw Integrated Solutions bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond. This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Civil Code Section 3082 so as to give them a right of action in a suit on this bond. This bond is executed for the purpose of complying with the laws of the State of California designated as Title 15, Chapter 7, Works of Improvement, commencing with Section 3247 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code of the State of California. IN WITNESS THEREOF, we have hereunto set our hands and seals this 6th day of March, 2019. (Corporate Seal) Principal By Title (Corporate Seal) ........... Surety By Title (California Civil Code Sections 3248, 3225) APPROVED AS TO FORM: City Attorney C-18 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions WARRANTY BOND PUBLIC WORK (California) WHEREAS, the City Council of the City of Baldwin Park, State of California, Shaw Industries, Inc., dba Shaw Integrated Solutions, (hereinafter designated as "Principal") have entered into a written contract (the "Contract") dated December 4, 2019 whereby Principal agrees to remove and install as well as all labor, material, equipment, services, and incidentals required by the Specifications, and contract documents including proposals submitted by Contractor for job #1144685 and #114712. The general items of work involve the installation of vinyl tile, carpet tile and wall carpet at the Esther Snyder Community Center. In addition, provide care training for staff which Contract is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said Contract to fumish a bond for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished. NOW, THEREFORE, we, the Principal and , a corporation organized under the laws of , and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto the City of Baldwin Park, (hereinafter called "City"), in the penal sum of Fifty thousand three hundred eighty one and 721100 dollars ($50,381.72lawful money of the United States, which is 50% of the amount of the Contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. C-19 Page i of i CITY OF BALDWIN PARK (Use of City Bond Form is required) Shaw Industries, Inc., dba Shaw Integrated Solutions IN WITNESS THEREOF, we have hereunto set our hands and seals this 4th day of December, 2019. Principal By Date Signature Title Surety Address Phone Number By Date Signature Title APPROVED AS TO FORM: City Attorney STATE OF GEORGIA COUNTY OF WHITFIELD On before me, a Notary Public, personally appeared personally known to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC C -2o CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions TECHNICAL ABILITY AND EXPERIENCE The bidder is required to state what work of a similar character to that included in the proposed contract he has successfully performed and give references which will enable the City Council to judge of his responsibility, experience, skill and business and financial standing. Additional numbered pages outlining this portion of the proposal may be attached to this page. REFERENCES: KA Name of City or Business City of Brea Contact Person & Phone No. Eric Aulls, Building & Facilities Administrator, 714-990-7789 Type of Work flooring & flooring installation Date Completed 2018 Total Contract Amount $ Name of City or Business City of Corona Contact Person & Phone No. Holli Clear, Administrative Services, 951-279-3535 Type of Work flooring & flooring installation Date Completed 2018 Total Contract Amount $ 3. Name of City or Business _ Contact Person & Phone No. Type of Work Date Completed 4. Name of City or Business _ Contact Person & Phone No. Type of Work Date Completed 5. Name of City or Business _ Contact Person & Phone No. Type of Work Date Completed Total Contract Amount $ Total Contract Amount $ Total Contract Amount $ C-21 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions Exhibit A SPECIFICATIONS City Project No. 20-153 & 20-173 - Replace Flooring/Carpet and Wall Carpet at Esther Snyder Community Center GENERAL The work comprises the removal and installation to the flooring and wall carpet at the Esther Snyder Community Center located at 4100 Baldwin Park Blvd., Baldwin Park, CA 91706. The Contractor shall provide construction materials, equipment, labor, supervision and all services required to perform the removal and installation of vinyl, carpet tiles and wall carpet at Esther Snyder Community Center as per quotes provided. Work includes, but not limited to, surface preparation including leveling or grinning, encapsulation or sealing, or extensive scraping of the sub -floor, and all appurtenant work per specifications. Contractor shall commence the services pursuant to these specifications upon receipt of a written notice to proceed and shall perform all services within thirty (30) working days established in the "Schedule of Performance" attached hereto as Exhibit "D". When requested by the Contractor, the City Operations Supervisor may approve extensions to the time period(s) specified in the Schedule of Performance in writing. WORKING HOURS Construction work is limited to normal working hours unless prior written approval is obtained from the Operations Supervisor. Normal working hours are between the hours of 6 p.m. and 5 a.m., Friday and 8 a.m. to 5 p.m. Saturday through Sunday and occasional weekdays on a special written request. Deviation from these hours and days will not be permitted unless prior written consent is obtained from the Operations Supervisor, except in emergencies involving immediate hazard to persons or property. The Contractor shall obtain approval for any deviation from regular working hours or days by submitting a written request to the Operations Supervisor at least 5 working days in advance, for approval by the Director of Recreation and Community Services. This includes, but not limited to, weekdays from 8 a.m. to 5 p.m. Monday through Thursday. Night/Extended work hours (6 p.m. — 5 a.m.) can be authorized on a day-by-day basis with prior approval from the Operations Supervisor. Night work requires a special permit with inspection fees and advance approval by the City Building Official. PERMIT The Contractor shall, at his own expense, obtain a business license from the City of Baldwin Park. Additionally, the Contractor shall obtain a "no -fee" permit from the City's Building Division. The Contractor shall comply will all Federal, State or local laws, ordinances or rules and regulations relating to the performance of the work. PRE -CONSTRUCTION MEETING AND MISCELLANEOUS REQUIREMENTS Prior to commencing work, there will be a preconstruction meeting to be attended by the Operations Supervisor, Contractor, Inspector, PD staff at which time the Contractor shall be informed of specific instructions necessary to meet construction quality standards and other documentation which may be required. The Contractor shall submit a construction schedule, components, parts and materials specifications proposed for use on the project during this meeting. C-22 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions CONSTRUCTION MATERIALS The Contractor shall furnish all materials required to complete the work under this contract. Contractor is required as part of this agreement to furnish all materials to accomplish maintenance in accordance with the foregoing specifications. The unit prices to be paid for the items listed in the Contractor's Proposal as defined herein shall be considered full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details as specified herein, and as directed by the Operations Supervisor. The contractor may offer equals and equivalents for materials and products. This procedure shall conform to the latest edition of the State Specification (Section 6-1.05) Pursuant to California Public Contract Code Section 3400, submission of data substantiating a request for a substitution of "an equal" item shall occur 7 days after award of contract. Use of City form is required. C-23 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions Exhibit B TIME OF COMPLETION The Contractor shall begin work within ten (10) working days after receiving the "Notice to Proceed". The Contractor shall diligently prosecute the work to completion before the expiration of Thirty (30) working days after the "start of work on the contract". C-24 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions Exhibit C SOLID WASTE REPORTING Contractor's Construction and Demolition Waste Diversion Reporting Form City Permit No: Summary Sheet Please write the name of facilities (e.g., landfill or inert name) materials are taken to. Facility Name Total Tons Facility Name Total Tons Facility Name Total Tons To the best of my knowledge, the above estimates are an accurate representation of the disposition of the construction and demolition materials generated on-site at the construction job. I understand that the City may audit disposal and recycling documentation related to this survey. Print Name: Additional Notes/ Comments: C-25 CITY OF BAi nww PARK Shaw Industries, Inc., dba Shaw Inte City of Baldwin Park Contractor's Construction and Demolition Waste Diversion Reporting Form Job site address or project (where waste was generated): Company Name: City Permit No: Material Name of Facility/Site where taken Disposal p Aggre- gate Recycled or Reused Alter - native Landfill Compost Engineered Fill Mulch Other Tons Tons Tons Tons Tons Tons Tons Asphalt Concrete Dirt Green Waste Metal Other Segregated materials (describe) Rocks Wood Mixed Waste Other Construction or Demolition Waste Total Prepared by: Date of Report C-26 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions Exhibit D Performance Schedule The Contractor will conduct weekly meetings with Operations Supervisor to confirm work areas on a weekly basis. Demolition will take after business hours day hours and installation will take place the weekends and indicated. C-27 CITY OF BALDWIN PARK Shaw Industries, Inc., dba Shaw Integrated Solutions Bidder's Name: License Type/No.: DIR Registration No.: Registration Date: Expiration Date: Subcontractors List Bidder's Name Authorized Signature Date C-28 ITEM NO. j -3 -- STAFF REPORT TO: Honorable Mayor and Members of the City Council /O HUBOF THE FROM: Lourdes Morales, Chief Deputy City Clerk o` l SAN,GABRIEL q DATE: December 4, 2019 VALLEY RAkoJANVP�ryy SUBJECT: Second Reading of Ordinance No. 1445, Entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Authorizing the City of Baldwin Park to Enter into a Development Agreement with Ala Karte Group, LCC for the Cultivation and/or Manufacturing of Cannabis at the Real Property Located at 14550, 15442, and 15444 (APN 8413-001- 030) within the City of Baldwin Park" SUMMARY This report requests City Council's consideration to approve the Second Reading of Ordinance No. 1445, authorizing the City to enter into a development agreement with Ala Karte Group, LLC for the cultivation and/or manufacturing of cannabis. Ordinance No. 1445 was introduced for first reading during a regular meeting of the City Council on November 20, 2019. RECOMMENDATION Staff recommends that the City Council waive reading and adopt Ordinance No. 1445, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ALA KARTE GROUP, LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 15440, 15442, and 15444 (APN 8413-001-030) WITHIN THE CITY OF BALDWIN PARK". FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1445 was introduced for first reading during a regular meeting of the City Council held on November 20, 2019. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1.) Attachment "A" - Ordinance No. 1445 Attachment 1 Ordinance 1445 ORDINANCE 1445 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ALA KARTE GROUP, LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 15440, 15442, and 15444 (APN 8413-001-030) WITHIN THE CITY OF BALDWIN PARK WHEREAS, a development agreement with the City of Baldwin Park will be required; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on November 13, 2019, to receive comments and consider recommendation to City Council of the proposed Development Agreement; and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the City Council held a duly noticed public hearing pursuant to law on the Agreement on November 20, 2019; and WHEREAS, the City Council has reviewed the Development Agreement (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement; and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5.' and WHEREAS, as required by law, the City Council gave first reading to the proposed ordinance on November 20, 2019. Ordinance 1445 Page 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PAK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. In accordance with the provisions of the California Environmental Quality Act (CEQA), it has been determined that the proposed Development Agreement Project (DA 19-03) will not have a significant impact of the environment and is Categorically Exempt pursuant to Article 19, Section 15301, Class 1, 'Existing Facilities'. Furthermore each of the locations is proposed within an existing building SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the City's Municipal Code relating to Development Agreements: 1. The Development Agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the cannabis cultivation/manufacturing business is located within the I -C, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The adoption of cannabis cultivation and manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on-going campaign with local businesses to hire local residents. This Development Agreement requires that a minimum of 20% of the businesses workforce shall consist of Baldwin Park residents. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1403 refining the measurement of distances) cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. 3. The Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. Ordinance 1445 Page 3 The Development Agreement is in conformance with the general area and City as a whole as it is located within the I -C, Industrial Commercial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers, parks or youth centers. Ala Karte wants to build on its local relationships by focusing on being an equal opportunity employer and by exceeding the minimum 20% city resident workforce to 50%. They are committed to maintaining a neat and orderly operation with no negative impact upon surrounding businesses or residents. The entire property and all buildings will be kept and maintained in a manner that does not detract from the appearance of the immediate neighborhood. Furthermore, security is a big priority with focus on external security as the first line of defense. Video surveillance, both interior and exterior are provided as well as 24-hour manned security personnel. All these features combined will keep the property and the use from being detrimental to the surrounding neighborhood and the City as a whole. 4. The Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement (Reference Attachments #1 through #5 to the Planning Commission and City Council staff reports dated November 13 and 20, 2019) is consistent with California Government Code Sections 65864-65869.5. SECTION 3. The City Council hereby approves and adopts the Development Agreement, in the form as attached hereto as Exhibit "A", and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. Ordinance 1445 Page 4 First read at a regular meeting of the City Council of the City of Baldwin Park held on the 20th day of November, 2019, and adopted and ordered published at a regular meeting of said Council on the 4th day of December, 2019. PASSED, APPROVED, AND ADOPTED this 4th day of December, 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on November 20, 2019. Thereafter, said Ordinance No. 1445 was duly approved and adopted at a regular meeting of the City Council on December 4, 2019 by the following vote towit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK STAFF REPORT ITEM NO. I q TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: December 4, 2019 ' 1 SUBJECT: Second Reading of Ordinance No. 1447, Entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Adding Chapter XI, Section 129 to the Baldwin Park Municipal Code, Imposing a Moratorium Prohibiting Certain Residential Units from Rent Increases in Excess of Three (3%) above the Current Rent and Prohibiting More than One Rent Increase in any Twelve Month Period, and Regulating the Reasons Landlords are Permitted to Terminate Certain Residential Tenancies as of the Effective Date of this Ordinance on Residential Rental Units Located within City Limits" SUMMARY This report requests City Council's consideration to approve the Second Reading of Ordinance No. 1447, adding Chapter XI, Section 129 to the Baldwin Park Municipal Code imposing a moratorium prohibiting certain residential units from rent increases in excess of three percent (3%) above the current rent and prohibiting more than one rent increase in a twelve month period. Ordinance No. 1447 was introduced for first reading during a regular meeting of the City Council on November 20, 2019. RECOMMENDATION Staff recommends that the City Council waive reading and adopt Ordinance No. 1447, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 11, SECTION 129 TO THE BALDWIN PARK MUNICIPAL CODE, IMPOSING A MORATORIUM PROHIBITING CERTAIN RESIDENTIAL UNITS FROM RENT INCREASES IN EXCESS OF THREE PERCENT (3%) ABOVE THE CURRENT RENT AND PROHIBITING MORE THAN ONE RENT INCREASE IN ANY TWELVE MONTH PERIOD, AND REGULATING THE REASONS LANDLORDS ARE PERMITTED TO TERMINATE CERTAIN RESIDENTIAL TENANCIES AS OF THE EFFECTIVE DATE OF THIS ORDINANCE ON RESIDENTIAL RENTAL UNITS LOCATED WITHIN CITY LIMITS". FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1447 was introduced for first reading during a regular meeting of the City Council held on November 20, 2019. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1.) Attachment "A" - Ordinance No. 1447 Attachment 1 Ordinance 1447 ORDINANCE NO. 1447 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 11, SECTION 129 TO THE BALDWIN PARK MUNICIPAL CODE, IMPOSING A MORATORIUM PROHIBITING CERTAIN RESIDENTIAL UNITS FROM RENT INCREASES IN EXCESS OF THREE PERCENT (3%) ABOVE THE CURRENT RENT AND PROHIBITING MORE THAN ONE RENT INCREASE IN ANY TWELVE MONTH PERIOD, AND REGULATING THE REASONS LANDLORDS ARE PERMITTED TO TERMINATE CERTAIN RESIDENTIAL TENANCIES AS OF THE EFFECTIVE DATE OF THIS ORDINANCE ON RESIDENTIAL RENTAL UNITS LOCATED WITHIN CITY LIMITS WHEREAS, a growing shortage of decent, safe and sanitary housing units resulting in a low vacancy rate and rapidly rising rents exploiting this shortage constitutes a serious housing problem affecting the lives of a substantial portion of those Baldwin Park residents who reside in residential housing; and WHEREAS, speculation in the purchase and sale of existing residential housing units results in further rent increases; and WHEREAS, these conditions endanger the public health and welfare of Baldwin Park tenants, especially the poor, minorities, students, young families, and senior citizens; and WHEREAS, the purpose of this Ordinance, therefore, is to alleviate the hardship caused by this serious housing shortage by establishing a Rent Stabilization Ordinance to regulate rentals in the City of Baldwin Park so that rents will not be increased unreasonably and so that landlords will receive no more than a fair return; and WHEREAS, in order to accomplish this purpose, this Ordinance provides the City with means to ensure that rents are at a fair level; and WHEREAS, this Ordinance gives tenants an opportunity to contest improper rent increases; and WHEREAS, the City believes that one year is a reasonable amount of time in which a landlord should wait to increase rent on any covered unit in the City of Baldwin Park; and WHEREAS, the base rent ceiling provision will allow the landlord to ascertain his or her expenses and costs in which to base a potential rent increase and without such base rent ceiling calculation and expense and cost calculations the rent increase would be arbitrary and capricious which will destabilize the rental market; and WHEREAS, through this Ordinance, the City exercises its police power in order to address the serious housing problem recognized in the City; and WHEREAS, this Ordinance is intended to ensure due process of law for landlords and tenants, effective remedies for violation of the law, and consistency with constitutional requirements; and WHEREAS, it is also intended to enable the City to provide relief to persons facing particular hardship and to protect and increase the supply of affordable housing in the city; and WHEREAS, termination or erosion of the protections of this Ordinance would have serious disruptive consequences for persons in need of protection and the supply of affordable housing in the city. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PAK DOES HEREBY ORDAIN AS FOLLOWS: Section 129.01 DEFINITIONS The following words or phrases as used in this Ordinance shall have the following meanings: (a) Controlled Rental Units: All residential rental units in the City of Baldwin Park built prior to January 1, 1995, except mobile homes, mobile home spaces, duplexes, trailers and trailer spaces, condominiums, single family homes and those units found by the City to be exempt under one or more of the following provisions: (1) Rental units in hotels, motels, inns, tourist homes and rooming and boarding houses which are rented primarily to transient guests for a period of less than thirty (30) days. (2) Rental units in any hospital, convent, monastery, extended medical care facility, asylum, non-profit home for the aged, or dormitory owned and operated by an institution of higher education. (3) Rental units which a government unit, agency or authority owns, operates, manages, or in which governmentally subsidized tenants reside only if applicable federal or state law or administrative regulation specially exempt such units from municipal rent control. This includes "affordable housing" units and Section 8 housing. (4) Owner -occupied rental units with no more than three (3) units. For purposes of this section: (i) The term 'owner" means a natural person who owns a fifty (50) percent ownership interest in the building and resides on the property as his or her principal place of residence. (ii) An exemption under this section shall expire by operation of law when the owner ceases to reside on the property as his or her principal place of residence; thereafter, all units on the property shall be subject to all provisions of this Ordinance. (5) Rental units and dwellings constructed after the adoption of this Ordinance; this exemption does not apply to units created as a result of conversion. (6) Where a unit is actually used for purposes of providing, on a non-profit basis, child care or other residential social services in accordance with applicable laws. This exemption shall expire when the use upon which exemption is based ceases. This exemption shall only apply to units as they become vacant and shall only operate to allow the specified use without the necessity of obtaining a removal permit under this Ordinance. This exemption shall not be construed to authorize the eviction of any tenant nor to authorize the charging of rent in excess of that permitted in this Ordinance. The City may adopt regulations to determine whether a unit qualifies for an exemption under this section. (7) Exemptions are not automatic but shall be granted by the City Council or its designee upon application by the owner, provided that if the City does not act upon a completed application for exemption within ninety (90) days of its filing it shall be deemed approved. (b) Housing Service: Housing services include, but are not limited to repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants, and any other benefit, privilege or facility connected with the use or occupancy of any rental unit. Services to a rental unit shall include a proportionate part of services provided to common facilities of the building in which the rental unit is contained. (c) Landlord: An owner, lessor, sublessor or any other person entitled to receive rent for the use and occupancy of any rental unit, or an agent, representative or successor of any of the foregoing. (d) Rent: All periodic payments and all nonmonetary consideration including but not limited to, the fair market value of goods or services rendered to or for the benefit of the landlord under an agreement concerning the use or occupancy of a rental unit and premises including all payment and consideration demanded or paid for parking, pets, furniture, subletting and security deposits for damages and cleaning. (e) Rental Housing Agreement: An agreement, oral, written or implied, between a landlord and tenant for use or occupancy of a rental unit and for housing services. (f) Rental Units: Any building, structure, or part thereof, or land appurtenant thereto, or any other rental property rented or offered for rent for living or dwelling house units, together with all housing services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by the tenant. (g) Tenant: A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental housing agreement to the use or occupancy of any rental unit. (h) Recognized Tenant Organization: Any group of tenants residing in controlled rental units in the same building or in different buildings operated by the same management company, agent or landlord, who requests to be so designated. (i) Rent Ceiling: Rent ceiling refers to the limit on the maximum allowable rent which a landlord may charge on any controlled rental unit. (j) Base Rent Ceiling: The maximum allowable rent established in Section 1804(b). (k) Property: All rental units on a parcel or lot or contiguous parcels or contiguous lots under common ownership. (1) Single Family Home: A property that has been developed with only one one -family dwelling and any lawful accessory dwelling structures. For example, if a lot has a single family home on it and a lawful accessory unit on the property, the entire property including the accessory dwelling unit would be considered a "single family home" for purposes of this Ordinance. Section 129.02 CONFORMING REGULATIONS If any portion of this Ordinance is declared invalid or unenforceable by decision of a court of competent jurisdiction or rendered invalid or unenforceable by state or federal legislation, the City Council shall have authority to enact replacement regulations consistent with the intent and purpose of the invalidated provision and applicable law. Such replacement regulations shall supersede invalidated or unenforceable provisions of this Ordinance to the extent necessary to resolve any inconsistency. The subject matter of such replacement regulations shall be limited to rent control matters as enumerated in this Ordinance. Section 129.03 STATE LAW COMPLIANCE In addition to complying with this Ordinance, Landlord must be in compliance with all California State laws regarding rent stabilization including, but not limited to, the Costa- Hawkin's Rental Housing Act. If this Ordinance conflicts with State law, State law shall prevail. Section 129.04 MAXIMUM ALLOWABLE RENT INCREASES It shall be unlawful for any landlord to demand, accept or retain more than the maximum rent permitted pursuant to this Section and this Ordinance. (a) Immediate Temporary Rent Freeze: Rents shall be frozen at their current rate and shall not be increased during the one hundred -twenty (120) day period following the date of adoption of this Ordinance. (b) Establishment of Base Rent Ceiling: Beginning one -hundred -twenty (120) days after the adoption of this Ordinance, no landlord shall charge rent for any controlled rental units in an amount greater than the rent in effect on the date one year prior to the adoption of this Ordinance. The rent in effect on that date is the "base rent ceiling". If there was no rent in effect on the date one year prior to the adoption of this Ordinance, the base rent ceiling shall be the rent that was charged on the first date that rent was charged. For tenancies commencing on or after the adoption of this Ordinance, which qualify for a vacancy rent increase pursuant to state law, the base rent ceiling is the initial rental rate in effect on the date the tenancy commences. As used in this subsection, the term "initial rental rate" means only the amount of rent actually paid by the tenant for the initial term of the tenancy. The base rent ceiling is the reference point from which the rent ceiling may be adjusted upward, if applicable. (c) Rent Increases. Landlord may increase the "base rent ceiling" according to the United States Department of labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers or CPI -U. The maximum increase in rent based on the CPI -U is three percent (3%) per twelve month period. Thus, no base rent ceiling may be increased more than three percent (3%) during any twelve month period. (d) Increases Based on Consumer Price Index. If the Consumer Price Index (CPI -U) is zero or less than one percent, then the landlord may increase rent to one percent (1%). (e) Posting: As soon as the landlord is aware of the maximum allowable rent, the landlord shall post it for each unit in a prominent place in or about the affected controlled rental units. The City may require that other information it deems relevant also be posted. (f) Penalties for Failure to Post: The City shall notify a landlord of failure to post a notice in accordance with the provisions of this Ordinance. If a landlord fails to post the notice within seven days of City's notification, the landlord shall pay a fine of $250 for each day after the seventh day that the landlord fails to post the notice. Section 129.05 PETITIONS (a) Petitions: Upon receipt of a petition by a landlord, the rent of individual controlled rental units may be adjusted upward above the maximum allowable in accordance with the procedures set forth elsewhere in this Ordinance. The petition shall be on the form provided by the City and shall include a declaration by the landlord that the unit meets all requirements of this Ordinance and is in compliance with all State laws on rent control. Notwithstanding any other provision of this Ordinance, the City or hearing examiner may refuse to hold a hearing and/or grant a rent adjustment if an individual hearing has been held and decision made with regard to maximum rent within the previous twelve months. (b) Hearing Procedure: The City shall enact rules and regulations governing hearings and appeals of individual adjustment of ceilings on allowable rents. No hearings may be held for landlord/tenant disputes. That includes but is not limited to, disputes about habitability, disputes about whether there was a payment of rent, disputes regarding whether the tenant has violated his or her lease and any other disputes that do not directly involve the provisions of this Ordinance. (c) Hearing Examiner: A hearing examiner may be the CEO or his or her designee. The hearing officer shall conduct a hearing to act upon the petition for individual adjustment of ceilings on allowable rents and shall have the power to administer oaths and affirmations. (d) Notice: The City shall notify the tenant of the receipt of such a petition and a copy thereof. (e) Time of Hearing: The hearing officer shall notify all parties, as to the time, date and place of the hearing. (f) Records: The hearing examiner may require either party to a rent adjustment hearing to provide it with any books, records and papers deemed pertinent in addition to that information contained in registration statements. The hearing examiner shall conduct a current building inspection and/or request the City to conduct a current building inspection if the hearing examiner finds good cause to believe the City's current information does not reflect the current condition of the controlled rental unit. The tenant may request the hearing examiner to order such an inspection prior to the date of the hearing. All documents required under this Section shall be made available to the parties involved prior to the hearing at the office of the City. In cases where information filed in a petition for rent ceiling adjustment or in additional submissions filed at the request of the hearing examiner is inadequate or false, no action shall be taken on said petition until the deficiency is remedied. (g) Open Hearings: All rent ceiling adjustment hearings shall be open to the public. (h) Right of Assistance: All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, recognized tenant organization representatives or any other persons designated by said parties. (i) Hearing Record: The City shall make available for inspection and copying by any person an official record which shall constitute the exclusive record for decision on the issues at the hearing. The record of the hearing, or any part of one, shall be obtainable for the cost of copying. The record of the hearing shall include: all exhibits, papers and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions; orders and/or rulings; all final decisions, orders and/or rulings, and the reasons for each final decision, order and/or ruling. Any party may have the proceeding tape recorded or otherwise transcribed at his or her own expense. (j) Quantum of Proof and Notice of Decision: No individual adjustment shall be granted unless supported by the preponderance of the evidence submitted at the hearing. All parties to a hearing shall be sent a notice of the decision and a copy of the findings of fact and law upon which said decision is based. At the same time, parties to the proceeding shall also be notified of their right to any appeal allowed by the City and/or to judicial review of the decision pursuant to this Section and (k) Consolidation: All landlord petitions pertaining to tenants in the same building will be consolidated for hearing, and all petitions filed by tenants occupying the same building shall be consolidated for hearing unless there is a showing of good cause not to consolidate such petitions. (1) Appeal: Any person aggrieved by the decision of the hearing examiner may appeal to the City Council. On appeal, the City Council shall affirm, reverse or modify the decision of the hearing examiner. The City Council may conduct a de novo hearing or may act on the basis of the record before the hearing examiner without holding a hearing. (m) Finality of Decision: The decision of the hearing examiner or his or her designee shall be the final decision of the City in the event of no appeal to the City Council. The decision of the hearing examiner or his or her designee shall not be stayed pending appeal; however, in the event that the City on appeal reverses or modifies the decision of the hearing examiner, the tenant, in the case of an upward adjustment, in rent shall be ordered to make retroactive payments to restore the parties to the position they would have occupied had the hearing examiner's decision been the same as that of the hearing examiner or his designee. (n) Time for Decision: The rules and regulations adopted by the City shall provide for final action on any individual rent adjustment petition within one -hundred and twenty (120) days, following the date of filing of the individual rent adjustment petition. (o) Hearing Examiner Hearing Required: All hearings on an individual petition for rent adjustment must first be heard by a hearing examiner. Section 129.06 RENT ADJUSTMENT EXCEPTION By Petition to the City Council, any landlord may seek a "rent adjustment" for the increase above three (3) percent. The petition shall be on the form provided by the City and shall include a declaration by the landlord that the unit meets all requirements of this Ordinance and is in compliance with all State laws on rent control. The CEO or his or her designee will decide any "rent adjustment" exception. Any "rent adjustment" exception must be approved by the CEO or his designee based on a written request from the landlord. Landlord must provide factual basis in writing to the City. Landlord may appeal the decision of the CEO or his or her designee to the City Council. The City Council's decision will be final. Section 129.07 FAIR AND REASONABLE RENT If the landlord is operating in a negative cash flow due to existing rents and allowable costs/expenses, then upon Petition to the City Council, the City Council may make a determination on the "fair and reasonable rent" based on a request from landlord. The request must be made in writing, describe all facts to the negative cash flow, and be on an approved form the City will provide. The allowable costs and expenses will be decided by the City Council in its sole discretion. The City Council's decision will be final. Section 129.8 LANDLORD COMPLIANCE No landlord shall increase rent under this Ordinance if the landlord: (a) Has failed to comply with any provisions of this Ordinance and/or regulations issued thereunder by the City, including the provisions requiring the payment of registration fees and registration penalties. (b) Has failed to comply substantially with any applicable state or local housing, health or safety law. No landlord shall increase rent unless the notice increasing rent contains a statement in substantially the following form: "The undersigned (landlord) certifies that this unit and common areas are not subject to any uncorrected citation or notices of violation of any state or local housing health, or safety laws issued by any government official or agency." If a landlord fails to comply with this subsection, the tenant may refuse to pay the improperly noticed increase, may seek administrative or civil remedies under this Ordinance, and may raise the landlord's noncompliance as an affirmative defense in any resulting unlawful detainer action. Section 129.9 JUST CAUSE EVICTION (a) The "Just Clause Eviction" provision in this section of this Ordinance will apply to all rental units in the City of Baldwin Park. No landlord shall take action to terminate any tenancy including but not limited, to making a demand for possession of a rental unit, threatening to terminate a tenancy, serving any notice to quit or other eviction notice or bringing any action to recover possession or be granted recovery of possession of a controlled rental unit unless: (1) The tenant has failed to pay the rent to which the landlord is entitled under the rental housing agreement and this Ordinance. (2) The tenant has continued, after written notice to cease, to commit a material and substantial breach of an obligation or covenant of his or her tenancy which the landlord has not waived either expressly or impliedly through the landlord's conduct and which the landlord is not estopped from asserting, other than the obligation to surrender possession upon proper notice. Notwithstanding any contrary provision in this Section, and notwithstanding any contrary provision in the rental housing agreement, a landlord shall not take any action to terminate a tenancy based on a tenant's sublease of the unit if the following requirements are met: (i) The tenant continues to reside in the rental unit. (ii) The sublease replaces a departed tenant(s) under the rental agreement on a one-for-one basis. (iii) The landlord has unreasonably withheld the right to sublease following written request by the tenant. If the landlord fails to respond to the tenant in writing within fourteen (14) days of receipt of the tenant's written request, the tenant's request shall be deemed approved by the landlord. (3) The tenant has continued, after written notice to cease, to commit or expressly permit a nuisance in, or cause substantial damage to, the controlled rental unit, or to create a substantial interference with the comfort, safety, or enjoyment of the landlord or other occupants or neighbors of the same. (4) The tenant is convicted of using or expressly permitting a controlled rental unit to be used for any illegal purpose. (5) The tenant, who had a rental housing agreement which had terminated, has refused, after written request or demand by the landlord, to execute a written extension or renewal thereof for a further term of like duration and in such terms as are not inconsistent with or in violation of any provisions of this Ordinance and are materially the same as in the previous agreement. (6) The tenant has continued to refuse, after written notice, to grant the landlord reasonable access to the controlled rental unit for the purposes of making necessary repairs or improvements required by the laws of the United States, the State of California or any subdivision thereof, or for the purpose of showing the rental housing to any prospective purchaser or mortgagee. (7) The tenant holding at the end of the term of the rental housing agreement is a subtenant not approved by the landlord. (8) The landlord seeks to recover possession in good faith for use and occupancy by herself or himself, or her or his children, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law. (i) A "landlord" shall be defined as a natural person who has at least a fifty (50) percent ownership interest in the property. (ii) The notice terminating tenancy shall contain the name, address and relationship to the landlord of the person intended to occupy. (iii) The landlord or enumerated relative must intend in good faith to move into the unit within thirty (30) days after the tenant vacates and to occupy the unit as a primary residence for at least one year. The City may adopt regulations governing the determination of good faith. (iv) If the landlord or relative specified on the notice terminating tenancy fails to occupy the unit within thirty (30) days after the tenant vacates, the landlord shall: A. Offer the unit to the tenant who vacated it. B. Pay to said tenant all reasonable expenses incurred in moving to and/or from the unit. (9) The landlord seeks in good faith to recover possession of the rental unit in order to comply with a governmental agency's order to vacate, order to comply, order to abate, or any other order that necessitates the vacating of the building housing the rental unit as a result of a violation of the City of Baldwin Park Municipal Code or any other provision of law. (10) The landlord has filed the requisite documents with the City initiating the procedure for withdrawing units from rent or lease under Government Code Section 7060 et. seq. and the City's regulations, with the intention of completing the withdrawal process and going out of the residential rental business. (b) Any written notice as described in Subsections (a) (2), (3) or (6) shall be served by the landlord a reasonable period prior to serving a notice to terminate tenancy and shall inform the tenant that a failure to cure may result in the initiation of eviction proceedings. The City may enact regulations regarding reasonable notice. (c) Notwithstanding any contrary provision in this Section or in the rental housing agreement, if the tenant's spouse, child(ren), and/or domestic partner who has filed an Affidavit of Domestic Partnership with the City have lived in the unit for at least six (6) months at the time the tenant vacates the unit due to death or incapacitation, the landlord is prohibited from taking any action to obtain possession of the unit from the tenant's spouse, child(ren), and/or registered domestic partner on the ground that the spouse, child(ren) and/or registered domestic partner are not authorized to occupy the unit. (d) Notwithstanding the above provisions, possession shall not be granted if it is determined that the eviction is in retaliation for the tenant reporting violations of this Ordinance, for exercising rights granted under this Ordinance, including the right to withhold rent upon authorization of the City under Section 1809 or for organization other tenants. (e) In any notice purporting to terminate tenancy the landlord shall state the cause for the termination, and in any action brought to recover possession of a controlled rental unit, the landlord shall allege and prove compliance with this Section. The landlord shall file with the City a copy of any notice terminating tenancy, except a three day notice to pay rent or vacate, within 3 days after serving the notice on the tenant. (f) A landlord shall not change the terms of a tenancy to prohibit pets and then evict the tenant for keeping a pet which was kept and allowed prior to the change, unless the landlord can establish that the pet constitutes a nuisance and the nuisance has not been abated upon proper notice to the tenant. (g) Failure to comply with any requirement of this Section may be asserted as an affirmative defense in an action brought by the landlord to recover possession of the unit. Additionally, any attemptto recover possession of a unit in violation of this Ordinance shall render the landlord liable to the tenant for actual and punitive damages, including damages for emotional distress, in a civil action for wrongful eviction. The tenant or the City may seek injunctive relief and money damages for wrongful eviction. The prevailing party in an action for wrongful eviction shall recover costs and reasonable attorney's fees. Section 129.10 REMOVAL OF CONTROLLED UNIT FROM RENTAL HOUSING MARKET (a) Any landlord who desires to remove a controlled rental unit from the rental housing market by demolition, conversion or other means is required to obtain a permit from the City prior to such removal from the rental housing market in accordance with rules and regulations promulgated by the City. In order to approve such a permit, the City is required to find that the landlord cannot make a fair return by retaining the controlled rental unit. (b) Notwithstanding the foregoing provisions of this subsection, the City may approve such a permit: (i) If the City finds that the controlled rental unit is uninhabitable and is incapable of being made habitable in an economically feasible manner, or (ii) If the permit is being sought so that the property may be developed with multifamily dwelling units and the permit applicant agrees as a condition of approval, that the units will not be exempt from the provisions of this Ordinance pursuant to Section 1801(a) and that at least fifteen (15) percent of the controlled rental units to be built on the site will be at rents affordable by persons of low income. (c) The Housing Element of the General Plan of the City of Baldwin Park shall at all times contain a provision that neither the City Council nor any City agency shall approve an application for tentative subdivision map or tentative parcel map for a converted unit until and unless the applicant first obtains a removal permit as required by this Section. This subsection shall not apply to any tentative subdivision map or tentative parcel map approved in accordance with this Ordinance relating to tenant ownership rights. (d) The City shall render its final decision within one hundred and twenty (120) days of the filing of a completed application under this section. Section 129.11 FOR RENT OR LEASE AFTER WITHDRAWAL If a landlord desires to offer for rent or lease a rental unit which was the subject of a Notice of Intent to Withdraw pursuant to this Ordinance, the following regulations apply: (a) If a rental unit that was removed from rental housing use pursuant to this Ordinance is offered for rent or lease during either: (1) the five-year period after the Notice of Intent to Withdraw the accommodations is filed with the City pursuant, whether or not the Notice of Intent is rescinded or the withdrawal of the accommodations is completed pursuant to the Notice of Intent; or (2) the five-year period after the accommodations are withdrawn; then the accommodations shall be offered and rented or leased at the lawful rent in effect at the time any Notice of Intent to Withdraw the accommodations was filed with the City, plus annual adjustments available under this Ordinance. (b) Subsection A. of this section shall prevail over any conflicting provision of law authorizing the landlord to establish the rental rate upon the initial hiring of the rental unit. Section 129.12 TENANT PROTECTION, RELOCATION AND MOVING EXPENSE ALLOWANCE FOR TENANTS IN GOOD STANDING (a) This section shall only apply to "no fault" evictions. In other words, if the tenant has not met its obligations under the lease or was "at fault" for the eviction, no relocation assistance will be required. As to "no fault" evictions, for all tenants in good standing living in households at or below 140% of the median income, by household size, landlord shall pay a relocation allowance equal to two and one- half (2'/) months fair market rents as established by the U.S. Department of Housing and Urban Development ("HUD") for a rental unit of a similar size. In addition to the relocation allowance, landlord shall also pay a moving expense allowance in the amount of $1,306.00 for adult households or $3,935.00 for households with dependents, disabled, or senior members. The amounts listed are adjusted for FY 2019 and will continue to be adjusted as provided in paragraph C below. (b) For all tenants in good standing, who meet the income eligibility requirements of paragraph A above, and who have maintained continuous tenancy for a period of 10 years or more shall be entitled to enhanced relocation allowance and moving expenses. The total amount of relocation allowance to be paid by the landlord to the tenant is based on the length of the tenancy. For each year after the 10th anniversary, the amount of the base relocation allowance shall be increased by 10%, and shall increase each year thereafter until reaching the maximum of 200% of the base relocation allowance on the 20th anniversary of the tenancy. (c) The relocation allowance and moving expense allowance provided for in this section shall be automatically increased every year in accordance with changes in the HUD fair market rents. The moving expense allowance provided in this section shall be adjusted annually in accordance with the Consumer Price Index (for Los Angeles -Long Beach). (d) The relocation allowance provided for in this section shall be triggered if any of the following circumstances occur: (1) Demolition. A landlord or property owner seeks to recover possession of the unit for purpose of demolition. (2) Permanent Removal of Unit from the Rental Market. The landlord seeks to remove the rental unit permanently from the rental housing market. (3) Occupancy by Landlord or Landlord's Family Member. The landlord seeks to vacate the rental unit for the sole purpose of making the unit available for occupancy by the landlord or a family member of the landlord. In this circumstance, the amount of relocation and moving expense allowance which landlord is obligated to pay to the tenant shall be equal to one-half of the relocation allowance and moving expense allowance provided for in this chapter. (4) Government Order to Vacate. The landlord seeks to recover possession of the rental unit in order to comply with a governmental agency's order to vacate, order to comply, order to abate, or any other order that necessitates vacating the rental unit as a result of a significant or extended violation of housing, health, building or safety laws of the state of California or the City of Pasadena which would result in a constructive eviction. (5) Change in Ownership. There is a change in ownership of the rental unit and, at any time within 18 months of the change in ownership, the landlord notifies the tenant that at some specific date after the change in ownership, the tenant's tenancy is being terminated. (6) Non -Exclusive Remedy. Nothing in this chapter limits the rights of the city or tenant to recover from the landlord any relocation allowance or moving expense allowance or placement assistance or any other assistance provided to assist eligible renters and/or other city costs incurred for the correction/abatement of distressed properties which the city is legally entitled to recover. (e) Landlord's non -renewal and/or termination of tenancy under any of the circumstances described in subsection (d) above, shall not exempt landlord from the obligation to pay relocation allowance and moving expense allowance as provided for in this chapter to any displaced tenant in good standing. (f) Upon request of landlord, city, or city consultant, tenant shall provide the following documentation to determine eligibility for relocation allowance and moving expense allowance: (1) A signed certification of household members and household income on a form acceptable to the city; (2) Documentation of income (e.g., paystubs, public benefits statements, employer verification); (3) Any other documentation as may be reasonably requested by landlord, city, or city consultant. Section 129.13 PASSTHROUGH OF SURCHARGE FOR IMPROVEMENT OF COMMON AREAS Any landlord that expends money to improve common areas may pass through fifty percent (50%) of the expense in the form of rent increases over a five year period based on the pro rata share of the total units. Any pass-through must be approved by the City based on a written request from the landlord. Landlord must provide factual basis in writing to the City. The pass-through, if approved, will run with the units. Thus, even if a renter moves out, the new renter can be charged the same pass-through over the same fiver year period as the previous renter. The pass-through will run with the unit for the entire five years regardless of who the renter is at the time. Section 129.14 (THIS SECTION IS INTENTIONALLY LEFT BLANK) Section 129.15 PASSTHROUGH OF SURCHARGE FOR GAS AND ELECTRIC Any landlord who pays the total amount of gas and electric bills for his/her tenants may pass through one percent (1 %) percent of the expense over a twelve month period based on the pro rata share of the total units. Any pass-through must be approved by the City based on a written request from the landlord. Landlord must provide factual basis in writing to the City. Section 129.16 REGISTRATION FEE For any controlled rental unit for which a landlord accepts or demands rent on or after the effective date of this Ordinance, there shall be a registration or registration renewal fee of $28.00 Dollars per unit. Registration fee and/or renewal fee shall be set to cover costs associated with this Ordinance including, but not limited to, mail costs, administration fees, processing fees and other related administration costs. Section 129.17 PENALTIES FOR LATE REGISTRATION AND FOR FAILURE TO POST NOTICE THAT PROPERTY IS SUBJECT TO THE RENT STABILIZATION ORDINANCE Any landlord who fails to pay the fee for registration or registration renewal in accordance with the provisions of this Ordinance shall be deemed delinquent. The landlord shall pay a penalty equal to one hundred and fifty percent of the fee per subject rental unit for any delinquency incurred after the effective date of this amendment. If the CEO or his designee determines that good cause exists for a landlord's failure to timely pay the registration fee in accordance with the provisions of this Ordinance, or failure to post a notice in accordance with the Ordinance, the CEO or his designee may waive the penalties or fines required by this Section. The CEO or his designee may promulgate such rules and regulations as may be necessary to carry out the provisions of this Section. Section 129.18 AFFORDABLE HOUSING UNITS This Ordinance does not apply to affordable housing units in the City of Baldwin Park. Section 129.19 NON-WAIVERABILITY Any provision, whether oral or written in or pertaining to a rental housing agreement whereby any provision of this Ordinance for the benefit of the tenant is waived, shall be deemed to be against public policy and shall be void. Section 129.20 JUDICIAL REVIEW A landlord or tenant aggrieved by any action or decision of the City may seek judicial review by appealing to the appropriate court within the jurisdiction. Section 129.21 REMEDIES (a) Any landlord who demands, accepts, receives, or retains any payment of rent in excess of the maximum lawful rent, in violation of the provisions of this Ordinance or any rule, regulation or order hereunder promulgated, including the provisions ensuring compliance with habitability standards and registration fee requirements, shall be liable in a civil action to the tenant from whom such payments are demanded, accepted, received or retained, for reasonable attorney's fees and costs as determined by the court, plus damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent. A civil penalty of treble the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent shall be awarded against the landlord upon a showing that the landlord has acted willfully or with oppression, fraud or malice. No administrative remedy need be exhausted prior to filing suit pursuant to this subsection. Any person who willfully or knowingly with the intent to deceive, makes a false statement or representation, or knowingly fails to disclose a material fact, in a notice or declaration required in this Ordinance, or in any declaration, application, hearing or appeal permitted under this Ordinance, including any oral or written evidence presented in support thereof, shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this Ordinance shall be punished by a fine of not more than $1,000.00 or by imprisonment in the. County Jail for a period of not more than six months or both. Each violation of any provision of this Ordinance and each day during which such violation is committed, or continues, shall constitute a separate offense. (b) In lieu of filing a civil action, a tenant may file an administrative complaint. The City shall establish by rule and regulation a hearing procedure similar to that set forth in Section 1806(b). (1) The rules and regulations adopted by the City shall provide for final City action on any complaint for excess rent within one -hundred and eighty (180) days following the date of filing of the complaint. (2) In any administrative hearing under this Section, a landlord who demands, accepts, receives or retains any payment of rent in excess of the maximum lawful rent shall be liable for damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent and may be liable for an additional amount not to exceed three thousand dollars ($3,000.00), for costs, expenses incurred in pursuing the hearing remedy, damages and penalties. The tenant shall bear the burden of proving entitlement to the penalty. The tenant may deduct the penalty and award of damages from future rent payments in the manner provided by the City. An order authorizing rent withholding under this Ordinance shall survive the sale or other transfer of the property and shall be binding upon successors of the landlord against whom the order was made. If a tenant authorized to withhold rent under this Ordinance vacates the property, the landlord shall pay to such tenant a sum equal to the balance of the rent that the tenant could have withheld. (c) If the tenant from whom such excessive payment is demanded, accepted, received or retained in violation of the foregoing provisions of this Ordinance or any rule or regulation or order hereunder promulgated fails to bring a civil or administrative action as provided for in Section 1809(a) and 1809(b) within one hundred eighty (120) days from the date of occurrence of the violation, the City may settle the claim arising out of the violation or bring such action. Thereafter, the tenant on whose behalf the City acted is barred from also bringing an action against the landlord in regard to the same violation for which the City has made a settlement or brought action. In the event the City settles said claim, it shall be entitled to retain the costs it incurred in settlement thereof, and the tenant against whom the violation has been committed shall be entitled to the remainder. (d) The appropriate court in the jurisdiction in which the controlled rental unit affected is located shall have jurisdiction over all actions brought under this Section. Section 192.22 CRIMINAL REMEDIES Any landlord violating this Ordinance shall be guilty of a misdemeanor. Any landlord convicted of a misdemeanor under the provisions of this Ordinance shall be punished by a fine of not more than Five Hundred Dollars ($500), or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Section 129.23 INJUNCTIVE AND OTHER CIVIL RELIEF The City, and tenants and landlords of controlled units, may seek relief from the appropriate court within the jurisdiction within which the affected controlled rental unit is located to enforce any provision of this Ordinance or its implementing regulations or to restrain or enjoin any violation of this Ordinance and of the rules, regulations, orders and decisions of the City. Section 129.24 PARTIAL INVALIDITY If any provision of this Ordinance or application thereof to any person or circumstances is held invalid, this invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. This Ordinance shall be liberally construed to achieve the purposes of this Ordinance and to preserve its validity. Section 129.25 EXISTING CITY PRACTICES To the extent that the amendments to Ordinance adopted at the same time as this Section incorporate rules, regulations and practices of the City existing on the date of the adoption hereof, this amendment is declarative of existing law and does not impose any new requirements or limit any existing ones. Section 129.26 STATE OWNED PROPERTY This Ordinance shall not apply to any property which is part of the State Park System or sovereign tidelands and owned by the State of California. Section 129.27 SEVERABILITY If any provision of this Ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this Ordinance, which can be implemented without the invalid provisions, and to that end, the provisions of this Ordinance are declared to be severable. First read at a regular meeting of the City Council of the City of Baldwin Park held on the 20th day of November, 2019, and adopted and ordered published at a regular meeting of said Council on the 4th day of December, 2019. PASSED, APPROVED, AND ADOPTED this 4th day of December, 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ISS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on November 20, 2019. Thereafter, said Ordinance No. 1447 was duly approved and adopted at a regular meeting of the City Council on December 4, 2019 by the following vote towit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK ITEM NO. SA TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park FROM: Rose Tam, Director of Finance/ DATE: December 4, 2019 1 SUBJECT: Treasurer's Report — October 2019 SUMMARY Attached is the Treasurer's Report for the month of October 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for October 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Attachment 1 Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 1 013112 01 9 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 2.19% Varies Varies $ 29,992,607.97 $ 29,992,507.97 $ 29,992,507.97 $ 29,992,507.97 Housing Authority 2.19% Varies Varies 13,827.26 13,827.26 13,827.25 13,827.25 30,006,335.22 30,006,335.22 30,006,336.22 30,006,336.22 Certificate of Deposit Citibank National Association (Mutual Securities) 2.65% 1/25/2019 1/25/2021 250,000.00 260,000.00 250,000.00 252,795.00 Goldman Sachs Bk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 260,000.00 250,000.00 260,000.00 250,347.50 Sallie Mae Bk SLT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 250,000.00 250,347.50 Morgan Stanley Bank N A Utah (Cantella) 2.64% 4/19/2018 4/20/2020 260,000.00 250,000.00 250,000.00 261,250.00 Barclays Bank Del (Cantella) 3.05% 12/19/2018 12/21/2020 250,000.00 250,000.00 260,000.00 263,770.00 1,250,000.00 1,250,000.00 1,250,000.00 1,258,510.00 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 7,220,766.67 7,220,766.67 7,220,766.67 7,220,766.67 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund; Varies Varies Varies 20,457.54 20,457.54 20,457.64 20,457.54 7,241, 224.21 7,241,224.21 7,241,224.21 7,241,224.21 $ 38,497,659.43 $ 38 $ 38,5 38,497,559.43 5 Total investments $ 38,497,559.43 Cash with Bank of the West City Checking 2,717,713.61 Money Market Plus 133,174.31 City Miscellaneous Cash 204,878.75 Successor Agency 584,780.61 Housing Authority 214,472.92 Financing Authority 11,700.00 Investment Brokerage 3,385.95 Total Cash with Bank of the West 3,870,106.15 Total Cash and Investments $ 42,367,665.58 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. * There was no investment maturity/purchase transactions made for the month of October 2019 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance STAFF REPORT ITEM NO. 157 TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk # DATE: December 4, 2019 SUBJECT: Review of Commission Applications and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning, and Recreation Commissions SUMMARY This report requests that the City Council review applicants and appoint/reappoint commissioners to the Housing, Planning, and Recreation Commissions. RECOMMENDATION Staff recommends that the City Council review all commission applications and make respective appointments. BACKGROUND A Public Notice of Vacancy was posted in accordance with Government Code Section 54973 and Baldwin Park Municipal Code Chapter 32. At the request of the City Council, the following items are now incorporated with the commission application process and included with this report: ➢ Residency verification requirement for each applicant (via review of a driver's license and a current utility bill). Said documentation is on file in the City Clerk's office PLANNING COMMISSION The Planning Commission consists of five (5) members appointed to a two-year term on a staggered basis. Terms have expired on June 30, 2018 for Planning Commissioners Christopher Saenz (Office No.3), and Edith Flores (Office No.5). Additional terms have expired on June 30, 2019 for Planning Commissioner Edwin Borques (Office No.1), and Kevin Rooney (Office No.2). The following persons have requested consideration of appointment to the Planning Commission: 4 open seats Office Nos. 1,3, & 5 — Terms to June 30, 2020 Incumbent Commission Applicants New Applicants Christopher Saenz Marlen Garcia Edith Flores Ruiz Nancy Lozano Edwin Borques Mario Marciel Jr. Gustavo Cuadra RECREATION COMMISSION The Recreation Commission consists of a total of eight (8) members, five (5) of which are appointed to a two-year term on a staggered basis and three (3) members shall be students serving a one-year term. Terms will expired June 30, 2019 for Recreation Commissioners), Deanna Coronado Robles (Office No. 2), and Jo Ann Watkins (Office No. 40) and seats for Office No.1, 3 and 4 are currently vacant. The additional student vacancies have also not been filled. The following persons have requested consideration of appointment to the Recreation Commission: 5 open seats Office No's. 1,2,3,4, & 5 — Terms to June 30, 2021 Incumbent Commission Applicants New Applicants Jo Ann Watkins Cecilia Bernal Deanna Coronado Robles Deborah Ann Dow N/A (1 student from Sierra Vista) Maria Guadalupe Fajardo Ralph Galvan Marlen Garcia Stephany Najarro Cecilia Martinez Dawn Cervantes Diane Velez 3 open seats Student Office No's. 6, 7, and 8 — Terms to June 30, 2020 Incumbent Commission Applicants New Applicants N/A (1 student from Baldwin Park High) Herman Cortez (Baldwin Park High) N/A (1 student from North Park High) Kendra Nguyen (Baldwin Park High) N/A (1 student from Sierra Vista) Housing Commission The Housing Commission consists of a total of seven (7) members appointed to varied terms in accordance with Municipal Code Chapter 32.22. Vacancies have not been filled due to lack of applicants. The following persons have requested consideration of appointment to the Housing Commission: 7 open seats Office No's. 1,2,3,4, & 5 — Terms to June 30, 2020-2023 Incumbent Commission Applicants New Applicants N/A Susan Cervantes LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Exhibit "A" — Commission Applications 2. Exhibit "B" — Roster of Commission Members Attachment 1 Commission Applications RECEIVED PLEASE ATTACH A CITY OF BALDWIN PARK DEG 19 2010 CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY BILL AND t':CPY OF fiALDWtN PARK A COPY OF YOUR And CMC1.9RKSD8PAMM11110 PHOTO 10 STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: --► Housing Commission nn I4 aarnfn a %fi—,inn la ~f1livurl fnMOA@h enmmloainnl PERSONAL INFORMATION; Susan Cervantes Name Residence Address Length of time at this Address: 3 E-mail address: Home Phone No. CelliMessage Phone No. Are you 18 years of age or older? yes Are you registered to vote In the City of Baldwin Park? yes Do you currently serve as an elected or appointed official for any board andfor agency within the City of Baldwin Park? no If yes, name of agency and position: EDUCATION, � Circle Highest grade you completed: 1 2 3 4 5 0 7 8 9 10 11 12 High School Graduate? G.E.D.?-�tr r � r Name and Location of College or Uniyersity Rio Hondo College Business Administration no Rio Hondo College Business Administration no EMPLOYMENT INFORMATION / EXPERIENCE; Name .and Aorel>':$o_�m&1oy rfo) Excellence Vision Real Estate n Title Real Estate Consultant Assoc Dates of Employmi2at October 2018 to present Excellence Vision Real Estate Real Estate Consultant Associ October 2018 to present REFERENCES: Please provide the names of two persons, who are not City of Baldwin Park Elected or Appointed Officials and who' can comment on your capabilities and oharacter. Address _ Phoe_No• IMPORTANT, Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case Is considered on Its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?n0 1f yes, Please Its( all offenses, date and place of offenee(e), and senteneel ine received: ACKNOW LEDGEM ENTIOE RTIFICATION, I understand that upon tUtng, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregolm Is true and correct. Date Signature . ..9 ,.} " L4r::tJ:•: r ,�.i tS J:'. . i :-s,}?.:�2. ti:?r. ' bb`Not Wr#s Fe-R;(=1ne:„:For;: , s�a?.Qn:`: _�;;:,-;=•.{F _ •v:,,;.�.:,:,.:. _ t•�•�: ,s::t Residency verification: 0 Yes 11 No pate; Voter Registration. Verification: ❑ Yes ❑ No Rosidency verification, El Yes ❑ No Date: Appointment date; Residcnpy verification: ❑ Yes El No Dote: Term ox ires: Name Susan Cervantes Commission Requested: Housing Commission STATEMENT OF QUALIF12AIJM: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission. 1111 r1r���lll I ���� Ir1111�1�1 I 1\I�I� I have been a resident of the City of Baldwin Park since 2008. My children have gone to schools here, my son is in the process of being a substitute teacher for the BPSD. With that said, my goal is to help my community actively help seek solutions for , affordable housing. As a realtor I would love to see home ownership grow in my community; as we know that has a direct impact in growth. Not only does pride of ownership grows but it brings more business to our community. I have been in the restaurant management business since my early 20's. This gives me the ability to seek out solutions that best produce results and financially makes sense to the bottom line. My .background In real estate connects me with resources and i that can help bring a new light and ideas to assist our community with changes and solutions that bring growth, I am committed to this city as this Is what I call home. Being able to help others call it home would be a very humbling and personal goal. Date: Signature Notice: Please be advised that you and your qualllicat/ons may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment,- your application will be Included In the pool of applicants provided however, that you submit current proof of residency at the time of said rocrultment. Failure to provide current proof of residency with each recruitment will Invalidate this application. RECEIVED .PLEASE,ATM. A CITY OF BALDWIN PARK C.tJAkI*t COPY OF. '.: JUN 14 200 .,A UT1!L TY- l5JL4,:AN0.: APPLICATION FOR CITY COMMISSION A CQPY` 6.# YOUR-:..; And CI'fYOFBALDWIN PARK ;IQ.Q IR. STATEMENT OF QUALIFICATIONS CITrC16RK5DEPAfYIMENT APPLICATION IS FOR THE FOLLOWING COMMISSION: each commission. Name Cl'1t+L t.4 q '' <i"t'qA Residence Address Length of time at this Address 3 E-mail address:,,, Home Phone No. Cell/Message Phone No. Are you 18 years of age or older? / Are you registered to vote In the City of Baldwin Park?______ _ Do you currently serve as an elected or appointed official for any board and/or agency within the City,pf Baldwin Park? If yes, name of agency and position: ' f L A EDUCATION: Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 10 11 12 Hlgh School Graduate? �_ G,E.D.?_= o 'i i�a�a-�. 4A. -k-_ V'^ Y V s-� �r Y 1r�. L s EMPLOYMENT INFORMATION I EXPERIENCE: 5 tl ' : � � '� � • c ' � ��lli�.•ij�� ��� Ill = ���=F3+7L3��T�7C�YHl[�l�l r;�► �1F3�1i �ilJ" O Yes El No Dater Appointment date: Residency verification: L1 REFERENCES: Please provide the names of two i persons, who are not City of Baldwin Park Elected or Appointed Officials and Who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case is considered on Its Individual merits. (�� HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? / V6 If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOINLED pEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I carlNy under penalty of 'allyunder the laws of the State of California that the foregoing Is true and c Date Signa ure Residency verification: O Yes El No Date: Voter Registration Verification: El Yes El No Residency verification: O Yes El No Dater Appointment date: Residency verification: U Yes 0 No Date: Term expires: Name C put-ts-0f Ker'— ` Commission Requested: ��-�51���1C-► _,_. STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission. Date: Sign Notice. Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment, Failure to provide current proof of residency with each recruitment will Invalidate this application. Christopher Saenz Honorable Mayor and City Council City of Baldwin Park 14403 E Pacific Avenue Baldwin Park CA 91706 Honorable Mayor and Clty Council: Having had the pleasure to serve the City Council and Planning Division as a Planning Commissioner for the past several months, I once again submit my application for consideration for the reappointment to the Planning Commission. Studying and receiving my undergraduate degree from a research university has certainly afforded me the resources and experience to research, deliberate, and ultimately reach an Impartial and sound decision. These tools have allowed me to work cohesively with the Planning Commission over the past several months to further promote and advance projects that will benefit Baldwin Park and its residents. It is my goal to continue serving on the Planning Commission, working in tandem with the City Council and the community, to continue making Baldwin Park beautiful for our future generations. R ega r, Christopher Saenz RECEIVED PLEASE ATTACK.A < CITY OF BALDWIN PARK cua A urruTx LITY.sri.e�PY°F APPLICATION FOR CITY COMMISSION JUN 2r2N L AHD A;COPY. 0Y.0011" And PH01O Id STATEMENT OF QUALIFICATIONS CITY OF BALDWJN PARK APPLICATION IS FOR THE FOLLOWING COMMISSION! 0 1. Planning Commission is reaulrea ror eaaiJ Name Edith Flores Ruiz Residence Address Length of time at this Address: 12yrs E-mail address, Home Phone No, o-. Cell/Message Phone No 626-340-9608 Are you 18 years of age or older? Yes Are you registered to vote In the City of Baldwin Park? Yes Do you currently serve as an eleoted' or appointed official for any board and/or agency within the City of Baldwin Park? NO If yes, name of agency and position: jty_of AAIB kl-P-ark,,,.P-I EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 0 7 8 9 10 11 12 High School Graduate? =G.E.D.?� Cal State University, Los Angeles I Civil Engineering ANO Cal State University, Los Angeles j Civil Engineering I No EMPLOYMENT INFORMATION / EXPERIENCE: e r CrosbyTave Consultants Oslo i Project Planner' February 2018 - Present CrosbyTave Consultants Project Planner February 2018 - Present REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A convlofion Is not an automatic bar to appointment. Each vase Is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? O If yes, Please list all offenses, date and place of offense(s), and sentencelfine received ACKNOW L.EDOEMENTICERMFICAMN: I understand that upon filing, this applloation becomes a public record. I earthy under penalty of paqury under the laws of the State of California that the foregoing Is true and correct; Date Signature ......... _ .. :``+>;I�o:No •..rit8'(3.elOW..'thl$.I.It.I�;fi:r�,'.r}� �e. ` n.'r.�b'-' ;+,o (Y;3' ��.. ,��..:? ' �?t.� .�::z•.tiJi`:'•� Residonoy verification: la Yes ❑ No Date: VoterRegistiation Verification: ❑ Yes 0 No Residency verification: ❑ Yes ❑ No Dato: Appointment date: Residency verification: 0 Yes 11 No Date:Term axpiresr_ Name—OP I -ri4" JF• tZ iii R 2- Commisslon Requested: IPC& PJ Dk 6DP4A .5S(0J) Use this space to list your goals and objectives and why you feel you .should be appointed to the commission for which you are applying. Please include any additional Information you feel will be beneficial to the Council In consideration of your appointment to this commission. MY C Md 1,1-5 &N9V 0 6Te7GT'c 055 , t5 -ro S,� CE ::�20�V ICE 57-0 9- --r hk c t -r ce o E 84� LM w -' 1 to "C" t5 (�l� ST b `T "i -f CDIVIl�y l"C `� �o tO l LL- t_ Date• l f3 + Slg ature Notice: Please be advised that you, and your quafiflcations may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appointment, your appiloatkon will be Included In the pool of applicants provided however, that you submit current proof of residency at the time of saki recruitment. !=allure to provide current proof of residency with each recruitment will Invalidate this application. 2� Cou t,, >—r'� 0.1�,f Date• l f3 + Slg ature Notice: Please be advised that you, and your quafiflcations may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appointment, your appiloatkon will be Included In the pool of applicants provided however, that you submit current proof of residency at the time of saki recruitment. !=allure to provide current proof of residency with each recruitment will Invalidate this application. PkEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY FILL AND And JUN 2 $ a)g A COPY OF YOUR PHOTO ID STATEMENT OF QUALIFICATIONS Vet Y0'DAUMNPARK APPLICATION Is FOR THE FOLLOWING COMMISSION: - ► N� t� ' PERSONAL INFORMATION: Name U"' J� I'x-1 t71 11.•� Residence Address Length of time at this Address: E-mail address: r 4y, •-r1 - • - Home Phone No, Call/Message Phone No. Are you 18 years of age or older? ►d Are you registered to vote in the City of Baldwin Park?' Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? ._ If yes, name of agency and position: 71,400A -4t" EDUCATION: Circle Hlghest grade you completed: 1 2 3 4 6 6 7 8 9 10 11 eW High School graduate? _ Q.E.D.? INFORMATION I EXPERIENCE: Gt-r'LA REFERENCES: Please provide the names of two (0) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. N1 IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?,eJ0 if yes, Please list all offenses, date and place of offense(a), and sentence/Qne received: ACKNOWLFDOEMENTICERTIFICATION: I understand that upon filing, this application bocomes a public record. I cerllfy under penalty of perjury under the laws of the State of Csllf)mIa that the foregoing Is true and correct. to Date Signature ITIT17157M., "NA—UN, RAN Residoncy verification: Q Yes ❑ No Date: Voter Registmtibn Verificatdon: lD Yes ❑ No Residency vorification: ❑ Yes 0 No Date: Appointment date: verilioation: E) Yes 17 No Term Name M P"i2tc) HWif-lit.-C,,. c Commission Requested; 'FL-1N�t STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional Information you feel will be beneficial to the Council in consideration of your appointment to this commission, I wally k= .- -TV0P, h4M a't> G*;•t•nkiuf— � r r VA" � s :- Date: ( 2r? As + Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this appffoOon. on ILE!CEIVED PL:A lTT1�t;Fi,A CITY OF BALDWIN PARK JAN $ 2 tt1RRENT:�i'Y:QF APPLICATION FOR CITY COMMISSION A UTII,1TY.lt[LL ANh7 And CITYOFBAlCs44flNPAW ',A CQPY-'O#.Y4Ut3: .: CI1YGt. i2K5pi;VAt ' IW4rQaD: ;.: STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: ------► Planning I _...._.,,.�........a..'uJ... ie ran..rrn� fnr sand nmm�tr¢ainn i PERSONAL INFORMATION: Name Marlen Garcia w • "' f Residence Address - Length of time of this Address: 20 yrs E-mail address: Home Phone No. None Cell/Message Phone No. Are you 18 years of age or older? Yes Are you registered to vote in the City of Baldwin Park? Yes Do you currently serve as an elected or appointed oflic:ial for any board andfor agency within the City of Baldwin Park? NO If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 8 7 8 9 10 11 12 High School Graduate? 1771G.E.D.? its&3 7m- de. "rechniW Oat e, Business Administration NO fg �'pyy� Q, Business Administration lNo EMPLOYMENT INFORMATION f EXPERIENCE, of EmpIMMr(s) SC,P� MFC.1nIl y>f PosRlpn Title ee f-, ase or CM12ly-yrnoul f Mwr�' X31 vd• 6, P,, Cts q1 90 1, �.- REFERENCES, Please provide the names of two (®) persons, who are not City of Baldwin Parc Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviotton Is not an automatic bar to appointment. Each case is considered an Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION. O If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: NIA ACKNOW.EDGEMSINITICERTI FICATION: I understand that upon filing, thls application becomes a public record, I certify under penalty of perjury under the laws or the State of California that the foregoing I e tr d correct. D Not White Belovu:}tiisllrie=`Fo`r:C3it";U' Residency vorificatton: ❑ Yes` ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency veriftoation: ❑ Yes CMI No Date: r Appointment date: Residency verification: ❑ Yes 0 No Date: -_..— Term expires - Name Marlen Garcia Commission Requested: Planning STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission. Having served on the Baldwin Park City Council as elected Council Member from 1999 to 2014, i possess extensive experience in the planning of our city and understand well the needs of our community. I want to invest this knowledge and experience Into constructive use and continue the path of Improving our city. I have extensive experienc@ in land use criteria and policy, conditional use permits, the City of Baldwin Park General Plan and many other important facets of community planning. I am a property owner in the City of Baldwin Park, I have raised two (2) children who attended BPUSD and I work in the city. I know the importance of a safe and liveable community and my goal, if selected as a Planning Commissioner, is to continue to evolve Baldwin Park into a thriving city. Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commisslon for which you have requested consideration of appointment, your application will be included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Fallure to provide current proof of residency with each recruitment will invalidate this application. RECEIVED PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION JUL 3 7019 A UTILITY BILL AND A COPY OF YOUR And C17YOFC3ALOWINPM PHOTO ID STATEMENT OF QUALIFICATIONS CnYaERKSnEPAStTMENT APPLICATION IS FOR THE FOLLOWING COMMISSION: ---r (A separate anolication Is reaulred for each commission) I pl- PERSONAL INFORMATION: Name Residence Address Length of time at this Addres =E-mail address: Home Phone No. i)LGi Cell/Message Phone No. Are you 18 years of age or older? v _ -.s Are you registered to vote in the City of Baldwin Park? J Do you currently serve as an elected or appointed offi lal for any board and/or agency within the City of Baldwin Park? �� If yes, name of agency and position: �nJ r I� I , EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11& High School Graduate? G.E.D.? Name and Location of Collects or LIN rsItCourse of Study Dearve UJB' L " BA LAi CA !!3022 EMPLOYMENT INFORMATION / EXPERIENCE: Name pag Adorle s Position Title s oEmpigyment f p lso� �ot�i s1�'s� ' CD)17rYU�ir'/Q l Q r �Present REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Namq Phone No. deboy-'ab view IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on Its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? /Ute If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon fill this application becomes a public record. I certify under penalty of perju under tI# law,,pd the St e f Ca mla that the foregoing is true and correct. -7 30 ✓ / I Date Signature Do Not Write Below this Line - For City Use Only Residency verification: ❑ Ycs ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: Name Pdl,t] ldCommission Requested:lGll7Y)l1% Date: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. -7-3o-/47 Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. PLEASE ATTACH A CITY OF BALDWIN PARK 'Jul. S 12N CURRENT COPY OF A UTILITY BILL AND APPLICATION FOR CITY COMMISSION �a01�t3AtDYVJIIlPYIRlC A COPY OF YOUR And CL�RKSOiAiYtMEN1" PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: P M separate apn/ication Is reauired for each commission) TION: Residence Length of ti Home Phoi Are you 18 years of age or older? ll-` Are you registered to vote In the City of Baldwin Park?, Do you currently serve as an elect'e'd or appointed official for any board and/or agency within the City of Baldwin Park? It yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? l�f S� G.E.D.? EMPLOYMENT INFORMATION / EXPERIENCE: crtuT--aJi[ L'[euI�3�1r<3ial�urniF�>!■�■��3itt�rrni = aFiiI�l � � w = � Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verifcation: REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction is nota automatic bar to appointment. Each case Is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? l- If vas. Please list all offenses. date and place of offiensalsl. and santann aIrma rannivad —q - I_ I understand that u "Ing, this applicatiyvbecornes a public record. I certify under penalty or u under the lawsot the State of California that the foregoing Is true and co I. ! -71,30119 Date g e Do Not Write Below this Line -.For Gity Use OniV Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verifcation: 0 Yes :1 No hate: Term expires: Name_ Cli S//7y 0 CidIIW91 Commission Requested; 9&01r/Y �j STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying, Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Date: -3d19 Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Quallfication will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment, Failure to provide current proof of residency with each recruitment will invalidate this application. As a lifelong resident of the City of Baldwin Park, I have seen this city evolve into the diverse, vibrant community it is today. Having moved through the BPUSD school system, frequenting local retailers, and attending community events, my Baldwin Park roots run deep. With all that this city has given to me through the years, I feel now is my time to give back. It is my hope that an appointment to the Planning Commission will afford me the opportunity to be intimately involved in the collective decision-making which directly affects the business owners and residents of our city. This work cannot be understated. The people of our city deserve a fair and transparent commission which has their best interests in mind. My goal will be to come into this position with an open mind, a penchant to learn, an inquisitive nature, and an ability to speak truth to power. These public commissions carry with it a level of public trust which must be preserved and even elevated. Each commission's ultimate responsibility is to serve the public with the public's best interest in mind. Having been a career civil servant with the City of Los Angeles, I have first-hand experience in serving the public's interest. My assignments include LAPD Internal Affairs, Office of the Chief of Police, LAPD Media Relations, Department of Water & Power, Personnel Department and the Office of the City Administrative Officer. I have also covered or presented at Board of Police Commissioners meetings and the Los Angeles City Council. I have a working knowledge of the laws which govern public meetings and have worked for some of the highest ranking executives in Los Angeles City government. In addition, I hold a Bachelor's degree in Communications and a Master's degree in Public Administration. I appreciate the opportunity to apply for the Planning Commission and thank you in advance for your consideration. PLEASE ATTACH A CITY OF BALDWIN PARK ROM CURRENT COPY OF A UTILITY BILL AND APPLICATION FOR CITY COMMISSION JLIN 2 7 2019 A COPY OF YOUR And PHOTO to STATEMENT OF QUALIFICATIONSCIN wyawsoPPAl�MEM't' APPLICATION IS FOR THE FOLLOWING COMMISSION: �/lt1,1711) A separate application is required for each commission PERSONAL INFORMATION: ze �•�, / /� Name / 1! �' '7 65 • Residence Length of time at this Address:_ P A E-mail address: PhoneHome Phone No Cell/Message Phone No. Are you 18 years of age or older? _S _ Are you registered to vote in the City of Baldwin Park?_ Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? � G.E.D.? r��tit.5� p1%�'J�i�: Gii��ti��>.�4/��r�✓ PSCC/fry/��i_ EMPLOYMENT INFORMATION / EXPERIENCE: F/ REFERENCES: Please provide the names of two (Q) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? AIV �' If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify and nalty of perjury and the laws of the State of California that the foregoing (� 6% Is rue an rre . /J l Date Signature .,, � .�I . Da°Not,Write:Befnwtthis Linin='i=arDlty�=lJseOr�ly" � �, � r �� Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: verification: ❑ Yes ❑ No Appointment date: Term expires: Name A 11[Al,�L V, G��f � �� Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. t U plyar-e /l'l0/A1P-"r ., X*D lvl!mlova • ,ft. r . C%/1D-;N6 5 & 74 /.t/,fheS Date' 7 / Notice: Please be advised that you and your qualifications meeting. by the City Council at an open This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. RECEIVED PPF, ~ nTrgcN A CITY QFBALDWIN PARK 3uRNr aQ>xx of" APPLICATION FOR CI'T'Y COMMISSION JUN 16 1018 A,4�TII�TiY �i1�, Ai�b A Ci fa'i( �F lt7Ul And CITY OF BALDWIN PARK STATEMENT OF QUALIFICATIONS EN APPLICATION iS FOR THE FOLLOWING COMMISSION: Residence Address P,�,���_„� r,�,TS Length of time at this Address —Vire. E -mall address:_ Homo Phone No. Coll/Message Phone Na Are you 18 years of ago or older?k Al:::: _ Arayou registered to vote in the Oily of Baldwin Park Do you currently serve as an elected or app%ooln official for spy bo rd ndl agency wlihin th-e,� of eldwin Park? If you, name of agency and posklon: e�f�► e., _ yY� �C}?dda=♦�`t �t rr—rsr.� EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 8 7 8 9 10 11 Hlgh School Graduate? G.E.D.? EMPLOYMENT INFORMATION / EXPERIENCE: REFERENCES: Planes provide the names of two (®) persona, who are not Oily of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT a Read the fallowing cerefully and answer completely, A conviction Is not an automatic bar to appointment. Each case Is considered on Its Individual merits. '%. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?, If yes, Planes list all offenses, date and pugs of offenss(s), and sentencelflne received: ACKNOWLEDOEMENT!CERTIFICATION: I understand that upon filing, thle applWation becomes a pubtfo record, 1 WRY under penalty of pe4wy under the laws of the Stato of Cal famle ?hot dw foregoing Is true and correct. Date Residency verification: 0 Yes Q No Date: Voter Regishudon Verification: © Yes ❑ No Resldonoy variNoation: 0 Yes l] No Dato: Appointment date: Reoideney verification: © Yes ❑ No Date: Term expires: Naml)qJ444e.����� Commission Roquested-2�_ i • M Use this space to fist your goats and objectives and why you feet you should be appointed to the commission for which you are applying• please include any additional (nfgmretton you feel will be beneficial to tho Council In consideration of your appointment to this commission. I have lived in Baldwin Park for 63 years. My parents moved here in 19511 was 9 months old: I grow up here with parents that served the City in many different positions. I helped them with many events and saw just how important it was to be activity in your City. 1 went to Center Elementary, Jones Junior High and Baldwin Park High School. My children and three of my grandchildren have gone to school in Baldwin Park. I served on the PTA at Geddes School for 4 years and two years as council president. I volunteered for the Service Council for many years here in Baldwin Park. I serve as the director of the Special Needs Class at Faith Community Church since 1994.1 helped my husband to run all the big outreach projects such as Harvest Fest, Easter, Winter and Fourth of July outreach at Faith Community Church for 12 years. I worked for Baldwin Park School District for 26 year as a Special Education Aide, and a Preschool. Teacher. While working fun time I went to Citrus College and got nay AA. I retired from Baldwin Park School District in 2010. I have severed as Recreation and Community Service Commissioner for the past five years and would Love to continue severing the city,-,.-, Date'r _ Signa !Notice: please be advised that you and your quallflcations maybe discussed by fire City Cound Oen open meeting. This Application and statement of QualMcallon will be kept on file for two (2) Years- During thts AM should a vacancy occurin the commission for which you have requested considereflon of appointment, yourappNcatlon will be of s dlncluded In r�mitment h Failure fo provideool Of tcu ent prrovided ioof of resfdenoy however, that with each recrxrltrr u submit OugOntent will InvalidaterOof � g tlrr►e� application. RECEIVED pl:asl; ATTACH a CITY OF BALDWtN PARK GURRhNT.'COPY. OF ' JUL 02 2010 a UTIt,1TY. alLLr ANn APPLICATION FOR CITY COMMISSION A COPY.;QF:.YI)IJR. And, CITY OF MI.aWIN PARK .PHOT0113•.!'' . `:' . STATEMENT OF QUALIFICATIONS CI1YCt ttt<daftPAhTMFNr APPLICATION IS FOR THE FOLLOWING COMMISSION:Recreation/Community Service_ t'A separate annflcaflon Is recrulred for each commission) Name Jesus Emanuel Rodriguez Residenoe Address ,. Length of time at this Address:4Years E_mall address:. Home Phone No. Cell/Message Phone No. Are you 18 years of age or older? Yes Are you registered to vote In the City of Baldwin Park? Yes Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? 7t s If yes, name of agency and posillon:RecreaHon and Community Sawicas Commission EDUCATION: Circle Highest grade you completed: 1 2 3 4 8 6 7 8 9 10 11 12 High School Graduate? 7= O.B.D.? California Department of Insurance I Resident Personal Lines Broker-Aaen California Department of insurance I Resident Personal Lines Broker -Aper I EMPLOYMENT INFORMATION / EXPERIENCE: Name Ono AGM03Position -1-100 Dates o Auto International Insurance Insurance Agent 09/20/2017 - Present Auto international Insurance Insurance Agent 09/20/2017 - Present REFERENCES: Please provide the names of two (@) persona, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. i IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment, Each case Is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand th pejur.. t llcellon becomes a public record. t certify under pena�lt6y��F f perdu er t laws'ot me state of CaMfomia that the fore�ing Is (rue and ed. TZ Date Residency verifloation: ❑ 'Yes ❑ No Date: Voter Registration Voriflcation: 0 Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: 0 Yes ❑ No Date: Term expires:____ Name esus Emanuel Rodriguez Commission Requested: Recreation/Community Sery STATEMENT OF fi UAWFIgATION§: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional information you feet will be beneficial to the Council in consideration of your appointment to this commission. I currently serve in the Parks and Recreation Commission and I have had the absolute honor to be a part of the various committees that the commission Is a component of and positively impacts by raising funds for scholarships, and this way empowering our youth, future and proud product of our city. I was also able to participate in the joint committee that allocates CDBG Funds Into our community to help it grow and maintain In a positive and productive way. in my eagerness and constant pursue of community Involvement, fulfilling my civic duty and a way to give back to our city and cons0tuents, I am requesting to be considered and reappointed back to this,commission, as It will allow me to put my grain of sand Into our growing community. I'd like to thank the Mayor and City Council to have these commissions open so that the common city resident can particlK In the growth of our city. Thank you Baldwin Park for allowing me to serve you In the least but honorable way. God Bless America. Date: Sig re 7 U !Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open maeting. This Application and Statement of Qualification will be kept on NO for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be Included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. PLEA "'ATTAew A CITY OF BALDWIN PARK RECEIVED cu R�NT;C p XRiLrr 0itl:�NDAPPLICATION FOR CITY COMMISSION O AN a 8*2019 A -COPY 017V And ONOTOID STATEMENT OF QUALIFICATIONS ttawf�la, APPLICATION IS FOR THE FOLLOWING COMMISSION: ---► � -� e10 % gnaw .AP1. c (A separate application Is required for each commission) PERSONAL[ FORMATION; Name C✓ @.. l CV YZ CZ Residence Address .+ .g r v v v • .�.. - x:: - - — , - Length of time at this Address:-.-- aQ + E-mail address:_ Home Phone No, Cell/Message Phone No,. Are you 18 years of age or older? ,gcla--� Are you registered to vote In the City of Baldwin Park? ` � Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? r.... 2, If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 8 18 11 1k High School Graduate?- F -q-1 G.I-D.?_F= EMPLOYMENT INFORMATION 1 EXPERIENCE; REFERENCES: Please provide the names of two (0) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character, Name I Address Phone MG. �.j�.y\\•e.v't V t 4 {I n � ... �. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case Is considered on Its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? \AID If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOW LEDGgML!NT/CERTIFICATION: I understand that upon Kling, this application homes a public record. I oertify under penally of perjury under tate laws of the State of California that the foregoing true and correct. Date m Signature ME INE' h' ..r/ i iRsn:.'ni: "'i: S: 1 "r•tiv?i;.E. :A Residency verification: ❑ Yes ❑ No Date Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes O No Date: Appointment date: verification: 0 Yes ❑ No Date: 'Perm le r M s Namet � A�FGu e4 n a Commission Requested: & ,C\,C -L no �.t�lrnMUPO`�"4 STATEMENT OF QUALIFICATIONS,, Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional Information you feel will be beneficial to the Council in consideration of your appointment to this commission. `r V\ rta tP. ' 1 �vp ,�t Iv, 4�,e, C-'�u ofi . c�i cid abut �ct.A `-'I 1 -' t` 6 -'Oe. 2, TMIa: Q� h a (� CIL^ �JCAJI b W QXZ C� Li, `�r vYl,'ex Cr n m 4V16 S�D4 �'>-tr► �1r tA] [ V� a- c, rA �r -h-tie, Date: 1 i�-2-L Signature 11) A -o ot.kr !Notice: Please be advised that you and your qualifications maybe discussed by the City Council at an open meeting. This Applloation and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appointment, your application will be Included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this applrcatlon. { RECEIVED PLEASE ATTACH A CITY' OF BALDWIN PARK Cl�I2F�NT.,COPY OF APPLICATION FOR CITY COMMISSION JAN d'Ji9 A U I'It.ITY:BILI. ANP And A COPY OF YOUR : t;f"PYouaAtawls�I>a PHOTO ID '. STATEMENT OF QUALIFICATIONS 5 D/p,A0 APPLICATION IS FOR THE FOLLOWING COMMISSION: lA senarate avnflcation Is required for each commission) Name 'rd�llyi /,,Q L4 ter_ A Anr 7 - Residence Address �1 Length of time at this Address: J inOS• E -Mall address: wy Home Phone Nol CeIVMessage Phone No. Are you 18 years of age or older? _ Are you registered to vote In the City of Beidwtn Park? Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 10 1112 High. School Graduate? _�y G,E.D.? k�G• x'01 CJ' C• lfp'in atiri l! bel fi 1v an , foal A/!_ -- 'l /I,lne/14D lflle$� O°� u�nCR d►rs e6 �' I fl S� I EMPLOYMENT INFORMATION / EXPERIENCE: rear �• N�� _.—.,� •- .-------- � EFEI2ENCEt3: Please provide line names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Oificlats an who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment Each case is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: N.) A- ACKNOWLEI)OEMBNT ERT(FICATION: I understand that upon tiling, this appNastlon becomes a public record, i certify under penalty of perjury under the taws of the State of California that the foregoing Is hue and correcL 'Date SI ti�a{ tura J ''`: C?}lk`,Fl�`i' i�.t 2 't9 Q�t'�QiQ�'.thi$,1�"'I NARROW if✓it i ,B Residency verification: 0 Yes Q No Data: Voter Registration Verification: ❑ Yes Q No Residency verification: Cl Yes I] No Date; Appointment date: verification; 111 Yes ©No Date: Term RECEIVED PLPASI ATTACH ° CITY OF BALDWIN PARK CURRENT DOPY OF� APPLICATION FOR CITY COMMISSION JAN 49 20IR A UTILITY BILL. AND A COPY OF YOUR And PHOTO ID STATEMENT OF QUALIFICATIONS CITYOF6A+�wiNW CMCI RRlr�eaaar�r. APPLICATION IS FOR THE FOLLOWING COMMISSION: (A senarate application Is reaulr'ed for each commission) , Name �AY"lAya- do L U ee„ F� al rolj t7 Residence Address Length of time at this Address:_E-mail address;_ Home Phone No. Cell/Message Phone No. Are you 18 years of age or older? VaA Are you registered to vote In the City of Baldwin Park?, Yeci Do you currently serve as an elected or appointed official for any board andlor agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 8 8 7 8 S 10 11 12 High School Graduate? _E/ G.E.D.? EMPLOYMENT INFORMATION t EXPERIENCE: REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic Isar to appointment. Each case Is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?„_,VD-_ if yes, Please list all offenses, date and place of offense(s), and sentencelfine received: ACKNOWLHDOEMENTICER'lFICATION: I understand that upon filing, this application becomee a public record. I certify under penalty of perjury under the laws of ft slate of California that the foregoing Is true -and correct Date Signature Residenoy verifioation: ❑ Yes ❑ No Dates Voter Registration Verification: ❑ Yea ❑ No Residonoy Yoritication: ❑ Yoe ❑ No Date: Appointment date: Residency verifioation: 0 Yes 0 No Date:. 'form expires: { CITY OF BALDWIN -PARK RECEIVED !1�TOY APPLICATION FOR CITY COMMISSION Asl:tt,�1hX'3t�,�.. AIVq And NOV 8 9 20M YO A . Iao7tz >Ita STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: to {A separate appiicaflon Is required fpr each commisslon) PERSONAL INFORMATION: Nameah h CICI1YA n Residence Address vur,�••r•..� r r.,„ �.,;�, �,.. r Length of time at this Address: F -mall address:_ �—� r r Home Phone No,Cog/Message Phone No._, j Are you 18 years of age or older? �y Are you registered to vote In the City of Baldwin Park? C - Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park?0 Q If yes, name of agency and position: EDUCATION; � Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 18 11(f?% High School Graduate? -1 � G.E.D.?_= EMPLOYMENT INFORMATION! EXPERIENCE: myto n see d er 19 I Woo o - 0512013 ' e� �a>dyl� RafK-R �rho�rWrh �rnc� 1!erxt�lhQn 4�udtr T� j Otoj20o0- 01-1z010 P4 u3, Malo, lid&, k1dr4n yg(1 cA, qr ova —�- REFERENCES: Please provide the names of two (®) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your caspabiliges and character. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case Is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A'MINOR TRAFFIC VIOLATION? 11 If yes, Please list all offenses, date and place of offense(s), and ssntance/fine received: ACKNOW LEDGEMENTMERTIFICATION: I understand that upon tiling, this application becomes a public record. I certify under penally of perjury under the laws of the State of Cagfomia that the foregoing is true an Cor�rec/t. �- Date l, Signature ZIN-1 r9MM, a�.'f;:-ui';1�,1"17K_i{• 21*t4Yi.?i Na 4.i ;15 �xi.: F ' Y HIM.".( S d Residency verification: ❑'Yes ❑ No Date: Voter Registration Verification; ❑ Yes ❑ No Residency verification: 11 Yea 0 No Dater Appointment date: Name-41_ Commission Requested: e�11�.�tDiil � i (46 ST& MENT OF OUAL.IF MIION9: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission. WOR 34 Mi&44 /Mere 4 - IVMn� IPA. Date: OQVAI P I � Signature e Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Fallure to provide current proof of residency with each recruitment will Invalidate this application. Name: Ralph Galvan Commission Requested: Recreation &Community Services Statement of Qualifications To the Honorable Mayor and members of the City Council, I Ralph Galvan 27 year resident of Baldwin Park, I am writing this letter of intent for the Commissioner position on the Recreation and Community Services Commission. Having previously served as a Planning Commissioner on the Planning Commission and as Student Commissioner representing Baldwin Park High School on the Recreation and Community Services Commission. I have done a great job along with other commissioners on both Commissions. I would like to continue to serve my community and once again serve on the Recreation and Community Services Commission, I consider myself to be a community leader who is passionate about the betterment of our city. My goal and objective would be to support our Recreation and Community Services Department and work together with the commission, Staff, City Council and Mayor to move our city forward with city parks and programs we offer the residents and visitors whom live and play in Baldwin Park. As a believer of Parks Make Life Better, working for Parks & Recreation for the City of Baldwin Park In Parks, Child Care and Reservations for S years. Working for the City of El Monte In Parks and Aquatics for 1 year. Working for the City of Pico Rivera in organizing and running the Special Events for the City and supervising the Senior Citizen Center far 3 years. I volunteer my time for the American Red Cross and the American Cancer Society Relay for Life. 1, enjoy traveling and attending Community Events & Special Events, I am In the Financial Industry with Primerica Financial Services. I would work and do my best on any commission the Mayor and City Council would like to place me on, I would like to thank you for your time and consideration of my application. Respectfully yours, Ralph Galvan RECEIVED P:4EA :ATTACH R1 CITY OF BALDWIN PARK JAN It CURN1 OORY;;OF APPLICATION FOR CITY COMMISSION q:tTi pY p YpU And OFWW= )sHd7X1D: .: STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: --.--♦ 1 Recre0on & Clnnty, SVCS. Name Marlen Garcia Residence Address • • , —."'v— Length of time at this Address: 20 yrs E-mail address: _ Home Phone No. N/A Call/Message Phone No.( Are you IS years of age or older? YeS Are you registered to vote in the City of Baldwin Parc? Yes Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? No If yes, name of agency and position: EDUCATION: ( Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 i2 High School Graduate? _r V( G.E.D.7„ EMPLOYMENT INFORMATION / EXPERIENCE: REFERENCES: Please provide the names of two (Q) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name n Yes ❑ No nate: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ja Appointment date; IMPORTANT: Read the following carefully and answer completely. A comrlction Is not an automatic bar to appointment. Each case Is considered on its Individual marts. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? NO If yes, Please list all offenses, date and place of offense(#), and sentenceffine received; N/A N/A ACKNOWLEDGP.MENTJCERTIFICATION: I understand that upon fling, this application becomes a public record. I certify under penally of parjury under the laws of thellata••et mllfornia That the foregoing is trua-and correct.. j w'"— ! .Do Not Write Selow.this Line - For 'Citv`Use:Only' Residency vorifioation: n Yes ❑ No nate: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date; Appointment date; Residency vm-lfication: 0 Yrs 0 No Date: Terni expires: Name Marlen Garcia Commission Requested: Recreation & Cmnty. Svcs. §TATEMENT OF GIUALIFICAn2NW Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional Information you feel will be beneficial to the Council In consideration of your appointment to this commission. Having served on the Recreation & Community Services Commission from 1993 to 1999, 1 believe I have extensive experience and knowledge to Invest In the exceptional programs the City of Baldwin Park continues to provide. As a former Commissioner, I spearheaded the creation of the Baldwin Park Teen Center to address the issues of our teen population and provide them with a positive outlet to seek help. During my tenure as Commissioner, I served as Chair of the Commission on several intervals and provided critical feedback and Input on the many exceptional programs that exist today. I am familiar with the the CDBG process and lead that process, advocating for the much needed social services to our city. (Z-- � _.. gate: 1 ./ Signature Notice; Please be advised that you and yourquallf/catlons maybe discussed by the Clty Council at an open meeting, This Application and Statement of Quallt7cation will be kept on file for two (2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appointment, your application will be Included in the pool of applicants provided however, that you submit current proof of residency at the time of said recrultment. Failure to provide current proof of residency with each recruitment will Invalidate this application. Pi.twASE:ArrACH �a, CITY OF BALDWIN PARKC�IVD cuRRENT,coPv aF APPLICATION FOR CITY COMMISSION A U71�. 00144. � 14R, .. And DEC 18 2018 Q CRPY QF Y� .'QR PHOTO ID STATEMENT OF QUALIFICATIONS Cgtor WoWINPARK APPLICATION IS FOR THE FOLLOWING COMMISSION:.—=--�Recreation & Community Services (A separate application is regerlmd for each commissslon) PERSONAL INFORMATION: Name Stephany NaJarro Residence Address ' Length of time at this Address: 20 yrs Email address: Home Phone No. N/A Cell/Message Phone No. Are you 18 years of age or older? WS Are you registered to vote In the City of Baldwin Park? YeS Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? _No If yes, name of agency and position: EbODATION: • �� Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 1t) 11 12 High School Graduate? -L__ �_._J— (3.E.D,?_= California State University, Dominguez Hills (CSUDH) I IISA, Human Services Baktwln Park High School I I High Sdml Worna EMPLOYMENT INFORMATION / EXPERIENCE: Name MCI cutre o s Nos ••Mt. San Antonio College/1100 N, Grand Ave Administrative Specialist 0312018 -Present CSUDH/1000 E. Victoria St, Carson CA 90747 Student Assistant III ONDIS-MO17 REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Joe Jennum IMPORTANT: Read the following carefully and anewer•completely, A conviction Is not an automatic bar to appointment. Each case Is considered on Its Individual merits, HAVE YOWEVER BEEN CONVICTED OF A FELONY QI;,MIfipEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?AQ-- If yes, Please [let all offenses, date and place of offense(a), and sentence/flne received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of Callfomis that the foregoing to true and correct, 12/13/18 Date Residency verification: ❑ Yes ❑ No Date: Residency verification: ❑ Yes ❑ No Date:� verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Appointment date: Teim expires: Name StS ephany Nglarro Commission Requested: Recreation & Community Services STATEMENT OF, QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional Information you feel will be beneficial to the Council in consideration of your appointment to this commission. Address the need for improved traffic signals near district schools to avoid collisions Teaming up with local organizations so that teens and local residents can participate in community service Exploring more recreational activities for residents to take advantage of such as yoga, walking clubs and ohild care I would like consideration for a spot In the Recreation & Community Services Commission so that I can be an active agent within my community Since high school I have been Involved with my community and i It has been an rewarding experience volunteerIng for Foster Elementary School and the aldwin Park Library. Despite my pian to pursue a university 30 mites away from my hometown, I strived to remain active at Baldwin Park. I Interned at the California Mental Health Connection and was fortunate enough to learn about the resources available for residents in need of counseling, parenting classes and access to basic needs like y shelter and food, Upon graduating from college,.I worked for Baldwin Park Unified District as a Substitute Clerk In where I worked in the attendance office. in March, It will be a year working for Mt. San Antonio College. I am grateful for all the opportunities the city•of Baldwin Park has given me. I hope you consider this request.. Thank you very much. Date:_",12/13/1 S Signa ureft) Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Quallfication will be kept on file for two (2) years. During this t1me, should a vacancy occur In the commission for which you have requested consideratlon of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recrultment will Invalidate this application. CITY OF BALDWIN PARK RECREATION/ COMMUNITY SERVICES �E��tI STUDENT COMMISSION INFORMATION FORM B,qfda-,,K ?4112 4,,q� CMOF OAWWc a rnF:PA war- r Name of High School PERSONAL INFORMATION: [To be completed by Student) Name 1'IL►�jr1 twfe-z. Residence Address Age: Date of Birth:03109 / 2�a L Social security# - r Home Phone No. AMessage Phone No. E-mail address: - Grade: I I Graduation Year,, Name of Parents) or Guardians) /114rcf Cork -ti Student lives with: [Both Parents [ ] Mother [ ] Father [ ] Guardian Person to call In case of emergency: ` ' 61(c t c, Cd (q -L q io Phone tl� 119 Date Appointment Data: Re -Appointment Date:_. Comments: -•-• cc: ( ) Personnel Department E l Recreation Director [ ] Recreation Secretary LgITER OF RECOMMENDATION Student's Name_ HtMA') �+� Name of School BA � Viin 9AIr)G � 11i }� 0 , Graduating Class of ZO Home Address_ Home Phone_ Note to Principal; Please provide a written fetter of recommendation for the above named student. birTerenc, ,c h xcxui e ,,:� (-.I W car 04' L- hr ctir►a rr yn latya4: srtiN -rine e�cre, F�.'u,.. nnr� C�emrr(V,��[7 C(Atl '`�'� �_.W C_L., ^,�.1�G17y� G• iti C.C} j.MYhUtll C 4�(CW L L`^'( L.� �.Z,--= f E 5,((LQ.�+L'� ti/ C/ J� ��tix. 17r2C,t"��;.'�.'uv� i �..C1�+'�.M'1'aVritC`'t <:'Sa-/UlE•-''�'.5 �GVV'tr'✓��,15c�(11i1 • Date. ncip s Signature RECEM5D PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION DEC 03 2018 A UTILITY BILL AND A COPY OF YOUR And STATEMENT OF QUALIFICATIONS Cy�RK51p PAARIM PARK APPLICATION IS FOR THE FOLLOWING COMMISSION:—t►�PQi�'�"tvh �OmMuniiyr'V�.P�$ Is reaulred for each commission) PERSONAL INFORMATION: Name ��PX1l�1^il. i�u?iY] Residence Address Length of time at this Address: I yfeM s Email address: _ v Home Phone No,� _ Cell/Message Phone No. Are you 18 years of age or older? Nv Are you registered to vote in the City of Baldwin Park? M1P Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? A/o If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 B 7 8 9 10012 High School Graduate? O.E.D,? EMPLOYMENT INFORMATION / EXPERIENCE:, REFERENCES: Please provide the names of two (0) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case Is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? o If yes, Please list all offenses, date and place of offense(s), and sentencelfine received: ACKNOWLEDGEMfENTICERTIFICATION: I understand that upon filing, this appllcatlon becomes a publia record. I certify { under penalty of perjury under the laws of the State of California that the foregolrq.•,•,.-I Is true and correct. Date Signature 't }N0y"M Fi�f� 'h' i�P..'.:1.1N ta:4klvrl '•H1�L•S4�Tc':'(�si _ ::'.i'`: 0=1 01' lYft�;�'law, fii§' �f, r� .00` ` u Residency verification: ❑ Yes ❑^No Date: Voter Registration Verification: ❑ Yes ❑ No Rosidoncy verification: ❑ Yes ❑ No Date: Appointment date.- verification: ate: verification: ❑ Yes ❑ No Date: Torm Name K2.KAX a, Commission Requested; �el�1^F ioN �c �onr»,nn Sern'u►i, i 7'AS TEMENT OF.QUAt.IFICATION3: Use this space to list your goats and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional Information you feel will be beneficial to the Council in consideration of your appointment to this commission. : Gdmfn,e, (� �,k�� FwenYw a1a.� i•1•� et'. S'!� t3rtdeYl �+3r��ar'6��;� �r!213'�i"��'�'�''''�=. f`d '4S tint E of 16121&',$ Scjt+W- — 54JW1,d s,�, «.hht' fix►ndrraa, `s '%r ,;, MMMr1 - �.� • .� �� w ..1 i t' �. Lid h I �L" r W l 7 ' C`P_±i1Sillln ��� .�' 4Yotu sib 111-qiv bQQ ,hiz.� �ieid #t-iraS to. Jvh, S4iolaM -S or# (w alvk, d,�,Eod i`u promo w9 y►,Qntal 11h a.ya� ArP stvdarh) a t� i 4, bvmvrte �h a.dolil'ion iro � M"�•to�lt'rt9rl.gt F'tR.1a tt"ip6 v�R'Fee��• • r:.�•. Date: 11/26/146 � Signature Notice; Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification MY be kept on file for two (2) years. During this time, should a°' vacancy occur In the commission for which you have requested consideration of appointment, your application will be Included in the pool of applicants provided however, that you submit durrent proof of residency at the .time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. RECEIVED :I LI:As�,aTTACHa CITY OF BALDWIN PARK MAR 211019 -CURRENT:Y1i00 LLA. p APPLICATION FOR CITY COMMISSION A UTILITY $ILLANp, CffY0ff3ALDW1NPARK A COPY OF YOUR ' And Cf'f at-RKS 09 AMMENT . PHOT -0.6'. • STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THS FOLLOWING COMMISSION: - -1: 1 P(A,01L r; At ill J jZ,c jr, PERSONAL INFORMATION: Name �' � ^c`U �G� c:� to 'dU .3 Residence Address -_ Length of time at this Address:&S E-mail address: Home Phone No. Call/Message Phone No, ¢ Are you 18 years of age or older? :, P- . ` Are you registered to vote In the City of EWdwin Park -** A ...,.... Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: �n i �a �c.rw K► i r 3- •keel LOCS EDUCATION: Circle Highest grade you completed: 1 2 3 4 6 8 7 8 9 10 11 High School Graduate? �G. E. D.? EMPLOYMENT INFORMATION f EXPERIENCE: Name and Address s U) /i gates c REFERENCES: Please provide the names of two (0) persons, who are not City of Batdwin Park Elected or•Appointed-Offlcials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely..A Conviction Is not an automatic bar to appointment. Each case Is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATIO 9OLI If yes, Please list all offenses, date and place of offense(s), and sentencelfine received: f°" tit ACKNOWLSD GEMENT/CERTIFICATION: I understand � upon Offing, this application becomes a public record. cacti pu under pane rot', penury under the taws of the State of California that trg9foregolr Is true an a t. ..« Date Signature >:�.sf �. � : .; :;�:���y�..,-�Y.,��.r a:�•ti,.:,!�r..�, ��170� . g' . tetBe o. �tl�f�� i�"�s'�id. t .se :1=. , :. . � b. Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: El Yes El No Residency verification: ❑ Yes ❑ No Date: Appointment data: Residencyverification: 0 Yes 0 Na D100:_-, Term expires: RECENEV, PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF ift 15 2019 A UTILITY BILL AND APPLICATION FOR CITY COMMISSION A COPY OF YOUR And Ctr�o�latat�yu�ylaw,wc PHOTO ID STATEMENT OF QUALIFICATIONS aIYG'I.P.imbEPAlitiMENi'` APPLICATION IS FOR THE FOLLOWING COMMISSION: —..... 0. �'LG I �VWtv�1 1r}Gt, 5 zYV t Ge;S lion Is required for each VA MV1V-1 "-g2 Residence Address. Length of time at this Address: E-mail Home Phone No. Cell/Message Phone No. Are you 18 years of age or older? e6 __ Are you registered to vote in the City of Baldwin Park? ute'S Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park?_ If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 5 7 8 9 10 11 12 High School Graduate? ZZI G.E.D.?_[= EMPLOYMENT INFORMATION / EXPERIENCE: Name ano Accress or k ioyer(s) vositlo tie uates of tmoyment I�la�rnne� Po►r�,v,�-hp��={ 1-1�1��t E�uc�t�v� y- 233'3 LAY -e Ave. OIlook V16\\rch 2v\G - Curre,"+ REFERENCES: Please provide the names of two (Q) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone ,nAycA bnr-a--A 233 L, -AY -e, Ave,. 1Jr\kknv1Cv-©� ter- V;--33 L-av-e Ave. . IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its Individual merits. A' HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? / "G If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: '1' 1_51 1i Date Residency verification: ❑ Yes ❑ No Date: Residency verification: ❑ Yes ❑ No Date: verification: ❑ Yes ❑ No I understand that upon filing, this application becomes a public record. I certify Under penalty of perjury under the wa of the State yf California that the foregoing Is true and correct. J J f Signature Voter Registration Verification: ❑ Yes ❑ No Appointment date: Term expires: Name t C!6+eA MAY•\VA-�'2 Commission Requested: f)—C,G1Com UV'+r�'� STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission. As a t3c(dw%vt Part/- vtoAiye, 1 YMvw -'r,e �vv���r'�g�n�e of Fine Y'o\e A'he 6-kE 4 '1Yi ane caan-► ovl\k- A. +ine ketch VF C 920' 5, JA,ne c�k was cai�deol a vg�rti e �F ac}t v ce.6ickm -5 MU oloal '\s i ct SS 2: -rhe CoYY1Vvt Uh�� 1•�' S 1'1'C � `a , Py �" 1'�'fa bQS�' '�v1'�'.er•e��C a� 1�q �n of ►� —r— P v\4P 0\AAA\,nce AD Ake CC>0Y-%C'kk ko (eACNA as Y"av)A ie CXS ►�o� .�� b1 �pr�-,v � c� i v, a �h � ces , a ��i v't �t � s � 5 �rV i c.�s 'r -eti are \A� -esyed '1h 1 uiA\ Ayr s ve�+n15 iv,vnlyeot asyvwy as aQ \bte '\vI An!A cow,w,y evev* . �rovvq Ct'V la Co V V -VC 1vvt�e v,a S ate C=y Date: -I 1 t ,�l k 0\ Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on tele for two (2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. C PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY AND APPLICATION FOR CITY COMMISSION NOV2 6 2019 A UTILITY BILL AND A COPY OF YOURAnd C"Y OF BALD'J IN PAPX PHOTO ID STATEMENT OF QUALIFICATIONS CITY CLERKS DEpA °- APPLICATION IS FOR THE FOLLOWING COMMISSION: P FPA C12-5 t kmineo ')L n bma is requires► ror eacn PERSONAL INFORMATION: Name lm In n Residence Address Length of time at this Address: f'.5 E-mail address: Home Phone No. _ Cell/Message Phone No. Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? G.E.D.? EMPLOYMENT INFORMATION / EXPERIENCE: -.FTi'YTiTGTr.- . "i. I7C.I ❑ Yes 9,�i-�•]a9ii11L•]'ItiKt_1 Lsoa 110M�� Residency verification ❑ Yes - r Appointment date: - REFERENCES: Please provide the names of two (c@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?, kk If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERN RCATION: I understand thatding, this application becomes a public record. I certify under penalty of p u urt�F'f(iel application of the State of. California that the foregoing Date Residency verification ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification ❑ Yes ❑ No Date: Appointment date: Residency verification ❑ Yes 0 No Date: Term expires: Name_ () i,V1 Commission Requested:BW of t3� Dater STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Nfte: Please be advised that you and your qualifications may be discussed by the City Counat at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be induded In the pool of applicants provided however, that you submit current proof of residency at the time of said AWMitment. Failure to provide current proof of residency with each recruitment will invardate this application. PLEASE ATTACH A CURRENT COPY OF A UTILITY BILL AND A COPY OF YOUR PHOTO ID TJaECEIVED CITY OF BALDWIN PARK NOV 2 0209 APPLICATION FOR CITY COMMISSION And CI'T'Y OF BALDWIN PARK STATEMENT OF QUALIFICATIONS CMCUUS0EPMT"fflT APPLICATION IS FOR THE FOLLOWING COMMISSION: Recreation & Community Services (A separate application is required for each commission) PERSONAL INFORMATION: Diane Velez Name Residence Address 24 Length of time at this Address: E-mail address: Home Phone No. - Cell/Message Phone No. Yes YeS Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? No Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: X Yes Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? G.E.D.? Name and Location of College or University Course of Study Degree UCLA, Los Angeles, CA Anthropology Bachelors SDSU, San Diego, CA Public Health Masters EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of Em to er s Position Title Dates of Employment ActiveSGV 10990 Mulhall St Frograrn Specialist October 2016 -Present EI Monte, CA 91731 REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Arlriracc Phone No. David Diaz Monica Curial IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. No HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing is trueqnd rre_ct. 11-20-2019 tW�°D Date Signature 0'_W Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: ,. k .. �.�.� Name Diane Velez Recreation & Community Services Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. See attached statement of qualifications and resume. Date: '� 11/20/2019 6i Ik1 � Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. Statement of Qualifications Recreation and Community Service Commission Esteemed Baldwin Park City Councilmembers, I am applying to serve on the Recreation and Community Service Commission because my lived experience as a life-long Baldwin Park resident and professional background allow me to provide educated recommendations to support and improve city community services. I attended 4 Baldwin Park schools through my K-12 education and participated in several programs at the Esther Snyder center growing up, providing me with an understanding of the need in services for children, youth and adults. As a public health professional, I also understand the need for recreational programming among vulnerable communities - such as Baldwin Park. Increasing the quality of services the city provides while improving our outreach can have great outcomes for folks who are actively searching for ways to become involved. Additionally, the city of Baldwin Park is currently classified as a Park -Poor city, increasing the need for a strong commission to make innovative recommendations that will support the quality of life of residents. My goal if provided the opportunity to serve on the commission is to support the creation of more recreational green spaces and increased awareness of services provided by the city to a wider audience. With my commitment to the city, I feel I would be a strong addition to the Recreation and Community Services. Thank you for your consideration, Diane Velez ACTIVE SGV RESUME DIANE VELEZ, MPH, LCI Ms. Velez began volunteering with ActiveSGV in 2016 before joining as a staff member where she led the East Los Angeles Safe Routes to School program from 2017-2019. She currently manages the Active Streets EI Monte Campaign, is part of the 626 Golden Streets core team and is a member of Women -on -Wheels, which aims to empower more girls and women to engage in health and wellness practices. Additionally, she serves on the Metro San Gabriel Valley Service Council and holds a Master of Public Health. Diane is passionate about improving community health and sustainability in the San Gabriel Valley, with a strong commitment to social justice and equity. RELEVANT EXPERIENCE 626 Golden Streets Program Specialist. 626 Golden Streets is ActiveSGV's multi -city Open Streets event for the San Gabriel Valley. As a program lead for the Streets and Treats edition, Ms. Velez led the coordination, planning, and execution of a multi -city 5 -mile event in EI Monte and South EI Monte, under funding from the Southern California Association of Governments. East Los Angeles Safe Routes to School Program Program Coordinator. The East Los Angeles Community Safe Routes to School Program was a Los Angeles County Department of Public Works funded program providing education, encouragement and infrastructure changes to the East Los Angeles and Montebello area. As a program coordinator, Ms. Velez encouraged parents and students to use active transportation to -and -from school, with the goal of increasing physical activity and safety. The program benefitted 16 LAUSD and 4 MUSD schools and their local communities, with over 800 students and 100 -parents participating. Women on Wheels (WoW) Program Lead. WoW encourages girls and women in the San Gabriel Valley to lead healthy, active lifestyles through recreational activities. Ms. Velez has coordinated over 15 Women on Wheels events since 2016. EDUCATION Master of Public Health San Diego State University (SDSU), 2015 Bachelor of Arts, Anthropology University of California Los Angeles (UCLA), 2012 YEARS WITH THE FIRM 4 Years DISCIPLINES Public Health, Wellness, Community Engagement REGISTRATIONS League Certified Instructor (LCI), League of American Bicyclists, 2017 Yoga Teacher Training Certification, 2016 Certified in Public Health (CPH)-NBPHE, 2015 PROFESSIONAL CHARACTERISTICS Program Development and Management Event Coordination Bilingual (Spanish / English) Community Engagement Attachment 2 Roster of Commission Members U 0 N s~ 0 U r trIl w m E 0 H z cu z z z a a Q a z a d.. U U Q1 V O r N M tF � 4k 4k 4k °' m v V 0 V 0 M E E O U O m N L H H H F Z Z Z Z , ZZ z Z v U U v U U U _ N it *I ik it co d d d d d d 2 IE O O O w y M E 2 W O U 2 z o z z dm 0 V > Q Q �Q 0= j o N N z m 0) z �rrn z t I I U °� Q 0,0 Q U U i0 Q U °� S LM rn c c H '"_ Q c�� Q =iNo� 8 IUSO -6 QU�� O >O E wm a 0 ?mr dYc >ao�W j2W o 0 -x 41L -a s2`m s o w O 0w 0 m 0 a O m 0 dE O m 0 O OU IE O m N c o a C7 0 m m co � 00 ami 60 C O d O LL Q014 •, �� :Za'-M i0 o ocm U) Q fM0mCNV ao m o W I N C co L co W N CL CO I c C N U w I N W 0 CL x CL LA CL �p Qw iaw aXQ V <UJa E IE v m 0 O O O U 0 N s~ 0 U r trIl STAFF REPORT ITEM NO. I Y TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk A DATE: December 4, 2019 ry SUBJECT: Approve and Adopt Resolution No. 2019-056 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City"; and Review and Appoint Members to the San Gabriel Valley Mosquito & Vector Control District, as Appropriate SUMMARY This report requests City Council selection of designated representative and alternate as official representatives of the City for the San Gabriel Valley Mosquito & Vector Control District. RECOMMENDATION Staff recommends that the City Council rescind Resolution 2019-015 and complete the review and appointment of delegate and alternate to the San Gabriel Valley Mosquito & Vector Control District in Resolution No. 2019-056, entitled: "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City". FISCAL IMPACT Not Applicable BACKGROUND The City Clerk's Office received correspondence from the San Gabriel Valley Mosquito & Vector Control District advising the City of Baldwin Park that the current representative's term will expire on December 31, 2019 and further, request the City Council appoint a representative to the Board of Trustees prior to January 10, 2020. The appointed delegate will serve on the San Gabriel Valley Mosquito & Vector Control District effective January 1, 2020 until December 31, 2021. Additionally, the City of Baldwin Park terminated services with Independent Cities Risk Management Authority (ICRMA) effective September 16, 2019 and will no longer require the appointment of delegates/alternates to this committee. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1. Resolution No. 2019-056 — New Appointment 2. Current Roster of City Council Appointed Delegates Attachment 1 Resolution No. 2019-056 RESOLUTION NO. 2019-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY WHEREAS, it is the Council's desire to review and/or amend the existing appointments; and WHEREAS, Resolution No. 2019-015 adopted April 17 2019 and all other Resolutions inconsistent herewith are hereby repealed and rescinded. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Water Association — Quarterly luncheon held in various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Re resentative: Councilmember Susan Rubio Mayor Manuel Lozano Alternate: Mavor Manuel Lozano Council Member Ricardo Pacheco Section 2. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 — 4t" Wednesday at 1:30 p.m.; Joint Administration Office (MEMBERS RECEIVE A STIPEND — $125 per meeting) Existing Appointees New Appointees Re resentative: *Mayor Manuel Lozano Mayor Manuel Lozano Alternate: Council Member Ricardo Pacheco Mayor Pro Tem Monica Garcia *Appointment of Mayor required by Sanitation District Section 3. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the League of California Cities — Los Angeles County Division — 1St Thursday at 6:00 p.m.; various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Mayor Pro Tem Cruz Baca Council Member Alejandra Avila Alternate: Councilmember Susan Rubio Council Member Paul C. Hernandez Section 4. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" General Membership Meeting — 3rd Thursday at 8:30 a.m.; Area D Office (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Chief of Police Chief of Police Alternate: Mavor Manuel Lozano Mavor Manuel Lozano Section 6. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association — 2"d Tuesday at 7:00 p.m.; rotating Council Chambers (MEMBERS RECEIVE A STIPEND — NO) Existin New Representative: Mayor Pro Tem Monica Garcia Council Member Paul C. Hernandez Alternate: Councilmember Ricardo Pacheco Council Member Alejandra Avila Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority - As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND - $150 per meeting) Existing Appointees New Appointees Representative: Councilmember Ricardo Pacheco Council Member Ricardo Pacheco Alternate: Chief of Police Chief of Police Section 8. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County — City Selection Committee — As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: *Mayor Manuel Lozano Mayor Manuel Lozano Alternate: Mayor Pro Tem Monica Garcia Mayor Pro Tem Monica Garcia *Appointment of Mayor required by State Law Section 9. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Southern California Association of Governments - Annual Conference in the month of May (MEMBERS RECEIVE A STIPEND - NO) Existing Appointees New Appointees Representative: Councilmember Tem Cruz Baca Mayor Pro Tem Monica Garcia Alternate: Councilmember Susan Rubio Council Member Paul C. Hernandez Section 10. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Foothill Transit Zone - Last Friday of the Month at 7:45 a.m.; Foothill Transit Administrative Offices (MEMBERS RECEIVE A STIPEND - $161 per meeting) Existing Appointees New Appointees Re resentative: Councilmember Ricardo Pacheco Council Member Ricardo Pacheco Alternate: Councilmember Cruz Baca Council Member Paul C. Hernandez Section 11. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the California Contract Cities Association (CCCA) — 3.d Wednesday at 6:00 p.m. in various locations (MEMBERS RECEIVE A STIPEND — No) Existing Appointees New Appointees Representative: Mayor Pro Tem Monica Garcia Mayor Pro Tem Monica Garcia Alternate: Councilmember Susan Rubio Mayor Manuel Lozano Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Governing Board of the San Gabriel Valley Mosquito and Vector Control District -2nd Friday at 10:00 a.m. in the District Office (MEMBERS RECEIVE A STIPEND — $100 per meeting) Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3'd Thursdays at 6:00 p.m. at the Municipal Water District (MEMBERS RECEIVE A STIPEND — $75 per meeting) Existing Appointees New Appointees Re resentative: Councilmember Cruz Baca Mayor Pro Tem Monica Garcia Alternate: Mavor Pro Tem Monica Garcia Council Member Alejandra Avila Section 14. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. Existing Appointees New Appointees Representative: Councilmember Cruz Baca Expires: 12/31/2021 per Health and Safety Code § 2024 a Alternate. Councilmember Ricardo Pacheco *Not required Expires: 12/31/2021 per Health and Safety Code § 2024 a Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3'd Thursdays at 6:00 p.m. at the Municipal Water District (MEMBERS RECEIVE A STIPEND — $75 per meeting) Existing Appointees New Appointees Re resentative: Councilmember Cruz Baca Mayor Pro Tem Monica Garcia Alternate: Mavor Pro Tem Monica Garcia Council Member Alejandra Avila Section 14. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. PASSED, APPROVED, AND ADOPTED this 4t" day of December, 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-056 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 4, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. 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O C a ," m U N N - a' E 'O a 00 cu O ....... a S > CL .L C O ;' H uj L O m > ipo ci 3 `' ma 2Zo2 C6 o m N 4�N Mo `- O s m � q m U "•�.d U m V .ON 4 N m O i 10 C 0,..� AMv► L x o 4J .F- 4J M (A •C to = ci •� O c o H Q �� tv �� o� j� •� O m+_+� DECEMBER 4, 2019 11 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano Monica Garcia Alejandra Avila Paul C. Hernandez Ricardo Pacheco Chair Vice Chair Board Member Board Member Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Housing Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Finance Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco Vice Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista algana emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximal. (Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. Treasurer's Report — October 2019 Staff recommends that the Board receive and file the Treasurer's Report for October 2019. ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 26th day of November, 2019. Lourdes Morales, Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2"d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at lmorales@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) ITEM NO. TO: Honorable Chair and Board Members of the Financing Authority FROM: Rose Tam, Director of Finance DATE: December 4, 2019 SUBJECT: Treasurer's Report — October 2019 SUMMARY Attached is the Treasurer's Report for the month of October 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for October 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Attachment 1 Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 10/31/2019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City Checking 2,717,713.61 Money Market Plus 133,174.31 City Miscellaneous Cash 204,878.75 City -Including General Fund & all other Special Revenue Funds 2.19% Varies Varies $ 29,992,607.97 $ 29,992,507.97 $ 29,992,507.97 $ 29,992,607.97 Housing Authority 2.19% Varies Varies 13,827.25 13,827.25 13,827.25 13,827.26 30,006,336.22 30,006,335.22 30,006,335.22 30,006,335.22 Certificate of Deposit Citibank National Association (Mutual Securities) 2.65% 1/25/2019 1/25/2021 250,000.00 250,000.00 260,000.00 252,795.00 Goldman Sachs Bk USA NY (Mutual Securities) 2.26% 1/24/2018 1/24/2020 250,000.00 250,000.00 260,000.00 250,347.50 Sallie Mae Bk SILT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 260,000.00 250,000.00 250,347.60 Morgan Stanley Bank N A Utah (Cantella) 2.64% 4/19/2018 4/20/2020 250,000.00 250,000.00 250,000.00 251,250.00 Barclays Bank Dal(Cantella) 3.05% 12/19/2018 12/21/2020 250,000.00 250,000.00 260,000.00 253,770.00 1,250,000.00 1,260,000.00 1,250,000.00 1,258,510.00 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 7,220,766.67 7,220,766.67 7,220,766.67 7,220,766.67 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund; Varies Varies Varies 20,457.64 20,457.54 20,457.64 20,457.64 7,241,224.21 7,241,224.21 7,241,224.21 7,241,224.21 $ 39,497,669.43 $ 38,497,569.43 $ 38,508,069.43 38,497,559.43 11; Total Investments $ 38,497,569.43 Cash with Bank of the West City Checking 2,717,713.61 Money Market Plus 133,174.31 City Miscellaneous Cash 204,878.75 Successor Agency 584,780.61 Housing Authority 214,472.92 Financing Authority 11,700.00 Investment Brokerage 3,385.95 Total Cash with Bank of the West 3,870,106.15 Total Cash and Investments $ 42,367,865.68 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transactions made for the month of October 2019 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance AGENDA BALDWIN PARK HOUSING AUTHORITY DECEMBER 4, 2019 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 HUB OF% H E V SAN G,hBIRIEL �• 0 ""VA L ;L B Manuel Lozano - Chair Monica Garcia - Vice Chair Alejandra Avila - Board Member Paul C. Hernandez - Board Member Ricardo Pacheco - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TEL EFONOS CEL ULA RES YBEEPERS DURA NTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Housing Authority Se invita al publico a dirigirse a la Agencia nombrada en esta on any matter posted on the agenda or on any other agenda, para hablar sobre cualquier asunto publicado en matter within its jurisdiction. If you wish to address the la agenda o cualquier tema que est6 bajo su jurisdiccion. Board, you may do so during the PUBLIC Si usted desea la oportunidad de dirigirse a la Agencia, podra COMMUNICATIONS period noted on the agenda. Each hacerlo durante el periodo de Comentarios del Publico (Public person is allowed three (3) minutes speaking time. A Communications) anunciado en la agenda. A cada persona se Spanish speaking interpreter is available for your le permite hablar por tres (3) minutos. Hay un int6rprete para su convenience. conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority tributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection all in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - , 7:30 a.m. - 6:00 p.m.) L HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco Vice Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algCln asunto a menos que sea incluido en la agenda, o a menos que exista algana emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y1d fijar asuntos para tomar en consideraci6n en juntas proximas. [CodigodeGobiemo §54954.2] CONSENT CALENDAR 1. Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. 2. Treasurer's Report — October 2019 Staff recommends that the Board receive and file the Treasurer's Report for October 2019. ADJOURNMENT CERTIFICATION 1, Lourdes Morales, Chief Deputy Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 26th day of November, 2019. Lourdes Morales, Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at Imorales(@_baldwinpark.co . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) ITEM NO. I TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance DATE: December 4, 2019 SUBJECT: Baldwin Park Housing Authority's Warrants and Demands SUMMARY Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority is $5063.00. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The November 13 to November 21, 2019 Automated Clearing House (ACH) in the amount of $5063.00 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Happy Check Register ACH Attachment 1 Happy Check Register ACH Check Register Report 11121/2019 Date Range: 11/12/2019 ... 11/21/2019 VMS Date Range: ... Program: - Payment Type: 11/12/2019 Check Numbers: ... Direct Deposit: All Check Cleared: All Port Status: Omit Port Ins Zero HAPs: Include Zero HAPs Voided Payments: Omit Voided Payments Held Checks: Exclude Held Checks Housing Choice Voucher Grouped by: Sorted by: Program and Increment Check Number VCheck Number Check Date VMS Date Payee Name DD Amount ❑ 21460 11/12/2019 10/01/2019 Monrovia 612, LP ® $550.00 ❑ 21461 11/12/2019 10/16/2019 RAMONA BLVD. FAMILY ® $3624.00 ❑ 21462 11/12/2019 11/01/2019 SAE GROUP, LLC ® $889.00 Housing Choice Voucher Total $5,063.00 Average $506.30 Unit Count 7 Average Weighted by Unit Count $585.71 Hard to House Count 3 Copyright 0 2011-2019, HAPPY Software, Inc. Check Register Report YR 11/21/2019 Page 1 ITEM NO. 0q - TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance DATE: December 4, 2019 SUBJECT: Treasurer's Report — October 2019 SUMMARY Attached is the Treasurer's Report for the month of October 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for October 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Attachment 1 Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 10/31/2019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City Checking 2,717,713.61 Money Market Plus 133,174.31 City Miscellaneous Cash 204,878.76 City -Including General Fund 8 all other Special Revenue Funds 2.19% Varies Varies $ 29,992,507.97 $ 29,992,507.97 $ 29,992,607.97 $ 29,992,607.97 Housing Authority 2.19% Varies Varies 13,827.25 13,827.25 13,827.25 13,827.25 30,006,335.22 30,006,335.22 30,006,335.22 30,006,336.22 Certificate of Deposit Citibank National Association (Mutual Securities) 2.65% 1/26/2019 1/26/2021 260,000.00 250,000.00 260,000.00 252,795.00 Goldman Sachs Bk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 250,000.00 250,347.50 Sallie Mae Bk SLT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 260,000.00 250,000.00 250,347.60 Morgan Stanley Bank N A Utah (Cantella) 2.64% 4/19/2018 4/20/2020 250,000.00 260,000.00 250,000.00 251,250.00 Barclays Bank Del (Cantella) 3.05% 12/19/2018 12/21/2020 260,000.00 250,000.00 260,000.00 253,770.00 1,250,000.00 1,260,000.00 1,250,000.00 1,258,610.00 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 7,220,766.67 7,220,766.67 7,220,766.67 7,220,766.67 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund; Varies Varies Varies 20,467.64 20,457.54 20,467.64 20,467.64 7,241,224.21 7,241,224.21 7,241,224.21 7,241,224.21 $ 38,497,659.43 $ 38,506,068.49 38 497 669.43 $ 38,497,559.43 $ Total Investments $ 38,497,559.43 Cash with Bank of the West City Checking 2,717,713.61 Money Market Plus 133,174.31 City Miscellaneous Cash 204,878.76 Successor Agency 584,780.61 Housing Authority 214,472.82 Financing Authority 11,700.00 Investment Brokerage 3,385.95 Total Cash with Bank of the West 3,870,106.15 Total Cash and Investments $ 42,367,685.58 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. * There was no investment maturity/purchase transactions made for the month of October 2019 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: 0 'VO 1�a Rose Tam Director of Finance